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社会国原则是起源于19世纪的一项宪法原则,以国家给付义务为逻辑起点,以保护弱势群体,维护最低限度的实质平等,创造机会平等为意旨。作为社会国原则具体展开的社会权,其核心即国家给付义务。劳动权作为社会权的重要组成部分,其实现仰赖于国家给付义务。劳动权国家给付义务可分为“因果型”给付与“目的型”给付两大基本类型,以物质性给付、服务性给付、制度性给付和程序性给付为基本内容。然国家是否为给付、对谁为给付、给付到什么程度算尽到了义务,一般法律没有明确规定,因此存在国家给付义务的基准,包括横向基准的国家给付义务范围和纵向基准的国家给付义务程度两个方面,劳动权国家给付义务程度应以自由权为上限,以人性尊严为下限,以平等权为准则,以国家能力为边界。
The principle of social state is a constitutional principle that originated in the 19th century. Starting from the logic of state obligation to pay, the principle of protecting the disadvantaged groups, safeguarding the minimum substantive equality and creating equality of opportunity are all meant. The social right which is the concrete start of the social state principle is the obligation of the state to pay. As an important part of social rights, the realization of the right to work depends on the state’s obligation to pay. The state obligation to pay labor rights can be divided into two basic types: “causal type” and “type”, with the basic content of material payment, service payment, institutional payment and procedural payment. However, whether the state pays for it or not, to what extent it is paid and paid, does not make it clear that the general law does not clearly stipulate it. Therefore, there is a benchmark for the state’s obligation to pay, including the extent of the state’s obligation to pay the horizontal basis and the extent of the state’s obligation to pay for the longitudinal benchmark In both respects, the degree of obligation to pay for the right to labor should be based on the upper limit of freedom, the lower limit on human dignity, the criterion of equal right and the national ability as the boundary.