Abstract:
The state obligations are an indispensable means for civil rights protection. There are three ways to define the content of state obligations:fundamental rights function theory,guarantee of human rights and prescriptivism. But the above ways emphasize content so that that the State Obligations Theory have some deficiencies, such as chaotic hierarchical design, skimble-scamble word choice, undefined internal logic, incomplete function of theory and a lack of holistic construction. To solve the above-mentioned problems, a kind of stratified and progressive State Obligations Structure Theory scheme is feasible. In the theory,the swerve from liberties to social rights decides the flesh and blood, the hierarchy of needs theory shapes the internal hierarchical structure,coherent system and systematic construction theory offers external support. The functionalism system theory and the State Obligations Content Theory confirm the "binary-triple-level-multi-rank" State Obligations Structure Theory that features respect, protection and paying.