论确立行政给付界限的宪法劳动义务规范

宪法劳动义务规范传统上作为“不劳动者不得食”的体现已经失去其存在的意义,但其作为宪法的成文规范,简单地予以废除意味着法解释学的失败.实际上,宪法劳动义务规范完全可以成为行政给付界限的宪法依据.义务不仅意味着国家的强制,也意味着国家责任的豁免.宪法劳动义务就是在宪法上确立了公民自食其力、自力更生的基本义务以及国家在这一范围内物质帮助义务的豁免.这一规范构成了行政给付中国家责任范围的重要依据,并且已经在我国最低生活保障制度中有明确体现.

On the Rules of Constitutional Labor Obligations to Establish the Limits of Administrative Supply

The rules of constitutional labor obligations could be interpreted as ＂not work shall not survive＂ in tradition,which has no meaning to alive.However,as the written constitutional legal norms,if the rules of constitutional labor obligations are simply abolished,it means the failure of legal hermeneutics.In fact,the rules of constitutional labor obligations could totally be the constitutional basis of administrative supply.Obligations mean not only the country＇s mandatory,but also the immunity of state responsibility.Constitutional labor obligations are the basic civil obligations of supporting oneself and relying on one＇s own efforts,and the immunity of the state responsibility in this scope.These rules are the important basis for the state responsibility scope of administrative supply, and have been clearly reflected in our minimum living security system of China.