民生权概念的再审视

Rethinking the Concept of the Right to People's Livelihood

民生权利的界定及研究,在国内已有不少成果,但仍需作进一步的辨析与界定。民生权不能简单地等同于社会权,仅为积极权利,其还具有消极权利的属性;民生权利并非是只能由国家和社会辅佐下才能实现的权利,权利的主体既包括全体社会成员,也包括特定场景下的弱者;个人对自己的民生幸福同样承担重要的责任。对民生权的界定,须遵循法学方法论上有关概念的给定准则,并注意其与其他权利形态的差异。总体而言,民生权是人们在保全自我、经营生计基础上实现幸福生活的权利,“民生”“自然权利”“幸福生活”是理解这一概念的主要切入点。

The research about the right to people's livelihood has reached many achievements but still needs further analysis and clarification.The right to people's livelihood cannot simply be equated with social rights,it is a positive right but also a negative right.Its realization not only relies on the help of the state and society,but individuals also bear important responsibilities for their own livelihood and happiness.Moreover,the objects of exercising the right to people's livelihood are all members of society,including the weak in specific situations.The definition of the right to people's livelihood rights should follow the concept-definitionrules of legal methodology and consider differences with other rights.Generally speaking,the right to people's livelihood is the right to reach a happy life based on self-preservation and manage their lives,and notions like"people's livelihood","natural rights"and"happy life"are core to understand the right to people's livelihood.