从物质帮助权到社会保障制度:新中国宪法“扶贫帮困”的历史轨迹

From Material Assistance Right to Social Security System:Historical Development in the Stipulations About "Helping the Poor" in the Constitution of New China

物质帮助权与社会保障制度尽管都是对生活有困难的人提供的救助和保障,但两者的含义不完全相同。我国宪法"扶贫帮困"的规定可以分为改革开放前和改革开放后两个阶段。第一阶段经历了物质帮助权的确立、倒退和恢复,第二阶段则由物质帮助权发展到社会保障。2004年宪法确认"建立社会保障制度"后,我国社会保障事业得到了长足的发展。

Right to material assistance and social security system both imply the need to provide support to those who live in straightened circumstances but there are differences in their meanings. The stipulation in China＇ s Constitution about ＂helping the poor＂ may be divided into two stages ： before and after the reform and opening up. The first stage experienced the establishment, fallback and restoration of the right to material assistance while the second stage witnessed the development from the right to material assistance to social security system. With the Amendment to the Constitution adopted in 2004 that affirms the ＂establishment of a sound social security system＂ the cause of social security made considerable progress in our country.