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Keywords: welfare rights; positive rights; negative rights; and moral rights; legal rights of this paper from China Union [link widoczny dla zalogowanych] collected.
1. Negative rights and positive rights division
Third, moral rights and legal rights of the welfare division of the right
1. Moral distinction between rights and legal rights
Support the welfare rights of scholars, often through negative rights and positive rights argument between the fuzzy boundaries, and thus that welfare rights can get some protection. Of course, even if they also did not completely negate the negative rights and positive rights of the community points. The welfare of those who oppose the right of scholars, they tend to regulate welfare rights into positive rights. For example, the scholar David Kelly (David Kelley) that \[11] and Wellman (Wellman), Professor also be considered a need for national security rights. As a result, scholars tend to be further inferred that such positive rights often involves some kind of state allocation of economic resources,[link widoczny dla zalogowanych], interference and constraints, thus, it is almost impossible to generate the corresponding values of freedom, and often is considered the implementation of a paternalistic results. [12] As a general in the Sunstein described in: \and common law principles of intervention. \In addition, to achieve this positive rights also often concerning a democratic system, the concept of decentralization, the court's policy considerations such as the right capabilities and benefits tend to have positive rights to the concept of uncertainty. [14]
In the course of development of civil rights, bear with the right to education, survival and other basic social and economic rights including the right to the surface, changing the traditional requirements of National Defence of the rights of others without interference and to ensure that the characteristics of the beginning into requires the State and the positive benefits of the redistribution of national resources. However, this seems to imply such a right need to involve using other people's resources, while the allocation of resources may mean that complex, and this right in the end bear with content that is difficult to solve specific problems. Many scholars have negative rights and positive rights based on the division of power will be recognized as a positive welfare rights, and thus produced a series of important theoretical disputes. Including that covering, whether welfare rights should be protected? Welfare rights are legal rights or moral rights? Should welfare rights into the Constitution, etc., these constitutional scholars in the country there is a fierce debate. Therefore, this paper will discuss the U.S. Constitution related to the academic-based, an overview of the above discussion the issue, the core ideas is to be recognized as a character with the right mix, with a double face.
2. Passive and active duty obligation
Welfare rights as legal rights is the right one for welfare in all countries by certain Social Security Act or other relevant welfare legislation to achieve. For example, in the United States in 1935 after the promulgation of the Social Security Act, welfare rights as a legal right to be recognized gradually, that is, the sense of welfare rights law are often the social security legislation with the specific associated. Welfare rights as \Statutory authority in the federal government within the scope of benefits is considered a statutory qualifications, the welfare recipient have the right to receive benefits, while the judicial process may also be used to review welfare policies and regulations. Qualifications of the Concept of welfare rights, means that welfare is no longer a gift but a right be an individual. 3) \[21] Of course, as we will soon be discussed below, the need for constitutional welfare rights are still very controversial. However, as a \
Moral rights (moral rights) and the legal rights (legal rights), is made in accordance with rights under a classification. In general,[link widoczny dla zalogowanych], the moral right to support from the moral principle is based on certain moral principles, moral ideals and the rights and interests to maintain its status, freedom and requirements. The discussion on moral rights, a very important and influential interpretation of the 18th century philosopher Immanuel Kant (Immanuel Kant) of philosophical discourse. Kant argues that everyone has to be respected by others the value or dignity,[link widoczny dla zalogowanych], the dignity of other people are not allowed to enslave us or force us to make non-free will act. Kant described by a moral principle to the idea: one must always be regarded as an end (end), not just a tool (means). Only been seen as tools for a person, that is, use him to improve a person's self-interest. However, if the person as an end, that is, allow him (her) to do a free choice, respect his (her) personal dignity. His discourse is also often used as the right of such positive rights as being an important theoretical basis. \text to get the qualification, freedoms and interests. \They became the most basic legal rights. [16]
One of the problem
So, by this theory is perfect it? If we have discussions and debates related to inspect, they can be found far from it. A considerable number of scholars began to think that positive rights and negative rights is itself blurred the boundary points. For example, the American scholar Holmes (Holmes) and Sunstein believe that relief from the legal point of view, all the rights are positive rights, the rights of all the government needs to give a positive response, also depends on the Government to take positive protection obligations. [5] American scholar Susan ? Betty (Susan Bandes) there also exist some absolute prerequisite to the right of government intervention in the criticism that the current government is \Select the network architect, \ These views are to some extent, shows that positive rights and negative rights is not necessarily between the sub-sector is absolute. Any kind of right, may also have negative and positive two dimensions, can require the State and the Government must act or omission.

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2. Welfare rights of the moral and legal implication
Second meaningful debate on the nature of welfare rights, moral rights or the legal rights of the debate, which largely relate to such a large and debating the proposition that the relationship of law and morality. And even if recognition of welfare rights are legal rights, but also can not deny all the more with moral factors. This is because often the welfare of a right of collusion in certain social ethics, and for the understanding of welfare rights and often moral sympathy with certain colors. Therefore, welfare rights are moral rights or legal rights, it has also become scholars to discuss the nature of welfare rights for important content.
From the obligation to point, generally speaking, the emergence of the right to change the welfare state concept of the individual to meet obligations. Because, in essence, this is a requirement to ensure that the rights of positive results. Overall, welfare rights did not impose certain obligations of specific individuals, more is required to achieve through government projects, such as tax allocation. That is, for freedom, the obligation imposed against any person, the right to impose obligations on welfare are more within the community against community members. More emphasis on a welfare rights obligations to individuals, which is based on the early generation of welfare rights \[15] However, from the obligations of the multi-level perspective, the realization of the right benefits, like other rights,[link widoczny dla zalogowanych], obligations also need multi-level, multi-national obligations need. Therefore, we can not pass such a demonstration, which proved that welfare rights of derivatives use and the property of others to meet the obligations of others to deny its legitimacy.
However, with the negative / positive by a little problem there, as there are certain obligations problem of division. The so-called \In addition, the obligation imposed, giving it the necessary resources to achieve this right. So, just bear with the negative obligation is within the Constitution there are many problems. This is because, if we so-called \[8] In this regard, many scholars have launched a related discussion.
Double for the right kind of - the legal nature of welfare rights

<div style=\Other countries do not use the term, the debate over welfare rights were similar. Among them, mainly related to the welfare rights or positive rights are negative rights, welfare rights are moral rights and their legal rights or the need for constitutional provisions. In fact, the welfare rights may be more of a mixed nature with the right to face in different ways on different protection needs.
Discussed from the perspective of scholars, will be classified as negative rights and the rights of positive rights, but also with the negative / positive obligation by closely related. This means that the negative right reason is negative, because it imposed on the obligation of the State and the third is negative, that is, requires the State or a third person not to take certain actions. For example, the right to life, liberty, religious freedom, freedom of association, of assembly, property rights or any other of the basic civil rights, should be understood as \Because these rights are obligations imposed on the country is negative; positive rights is positive and the reason is because it imposed on the obligation of the State and the third is positive, that is, requires the State and the third to take certain actions. Further, negative rights and positive rights obligations required by the different, the former is obvious and clear obligation requirements. For example, the \As for the positive rights, but not the obligation to bear with clear, it is difficult to identify specific individuals or the government actors to achieve individual needs. Thus, the recognition of positive rights, in particular the wider meaning of the rights and interests of social welfare and survival needs, the lack of a clear obligation to clear the main. [4]
Generally speaking, legal rights as provided for by national law, so that they meet the conditions required to modify the law, legal rights of the scope, content, form or the other can pass legislation to change or cancellation; and moral rights are not only may abolish state power and legislation, but also a confirmation or critique of state power and legal rights under the. \Therefore, a person is entitled to enjoy the legal rights of a specific legal person (legal person) to implement the request by the right to legal protection. [17]
Between moral rights and legal rights, there are many differences. On the whole, legal rights is often a \For example, a person may have legal rights to do something, but something is immoral; the contrary, a person may have a moral right, but it has no legal right to support. Therefore, some rights are moral, not legal; some statutory rights, not moral; some rights is both a moral, but also legal.
3. Welfare rights of the positive and negative for
In fact, with the negative right above the division between positive rights and there is considerable ambiguity in the argument, the same can be further inferred that, even if we will be actively used as key for welfare rights, it does not necessarily mean they do not have some of the negative dimensions. This means that in most cases, the welfare rights require the State to more positive benefits, foremost of which is to play a legislature as obligations, require the State to build some civic pride of the minimum living guarantee security system, and through welfare the right way for the administration of the welfare and protection can be achieved. Oriented from the negative, the welfare state willful violations of the right to prohibit access to the welfare of citizens have rights. For example, individuals with pension eligibility, and if access to certain pension, the kind of \violations of negative obligations; legal ban on state deprives an individual of housing, welfare facilities against sabotage and other countries, and this is the right benefits of negative rights as a defensive-oriented.
Welfare rights in relation to many disputes, the most basic discussion of positive rights and negative rights is the division. This division necessary? Welfare rights is negative or positive rights? It requires the Government as an obligation or not, as such, these issues are often the focus of discussion. Against the welfare rights of scholars tend to believe that being right is a positive right, it takes a lot of resources, and the meaning ambiguous, and positive rights because they often ask others to a positive act, whether there is such a right to make such requirements? Support the welfare rights of scholars, are often negative rights and positive by demonstrating no significant difference between the rights. Also, any right may require a multi-level security obligations, which is Mingfu Li rights are the same.

Both in the United States or other countries, on \For example, the American scholar Wellman (Wellman) the right of professors to discuss the welfare of these two aspects is, that bear with welfare rights, legal and ethical implications of two aspects. In his view, the second sense of the welfare rights project may be associated with the Renyi Fu Lee, but not the exact welfare rights. Administrative process such as welfare, welfare recipients the right to a fair hearing. However, \,],[ Overall, welfare rights to a certain extent, has a \This is because it is often associated with certain basic needs,[link widoczny dla zalogowanych], and this \conditions, in turn, will have some sort of welfare rights and the rights associated with moral implications. [19] It may mean that we all have asked for from other people, groups and the government minimum living right. As a result, welfare rights in a way also have a certain natural rights or the moral right of the implication. [20]
Second, negative rights and positive rights by the welfare rights
Example, the American scholar Hengli Shu (Henry Shue) [9] that the traditional dichotomy is too simplistic. He advocated the right to actually put a positive with the negative rights as obligations. As a result, he will correspond to the fundamental rights of each obligation is divided into three categories. Among them, such as welfare rights for the \three levels of obligations of means. That is, in fact, any rights, are likely to bear with three levels of obligation, that obligation to respect, protect and promote the obligation of duty. Obligation to respect requires the government to prevent an act to protect the obligation to ask the Government to avoid infringement of a third person, asked the Government to actively promote the protection obligations. This multi-level multi-level framework means that the obligation rather than a simple map from negative to positive, it is not right to judge whether or not the cost and precision. [10]
On the \[1] Since then, the \For example, the first division of the rights Gloria Hughes as \In his view, justice is to protect the full rights, that is later called negative rights (especially the life, liberty and property rights), not including the right to life is not like full rights. [2] American scholar Sunstein (Sunstein) are more systematically summarizes the distinction between the traditional dichotomy that \who falter, while the latter requires a public officer vigorous and resolute. protection of negative rights is characterized by freedom; is characterized by active promotion of equal rights. \[3]
General, rights are often corresponds with certain obligations. Negative rights and positive rights by their often negative obligation and corresponds to the distinction between active duty, the former corresponds to the state or others not as an obligation, as the latter corresponding to certain obligations. The traditional negative rights, imposes only a negative obligation, emphasizing certain obligations of \\For example, Adam Smith (Adam Smith) that \For example, prohibits deprivation of life, which means that the state or the other when both non-by due process of law can not be a deprivation of life, which is mainly exerted a negative obligation.
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