“老有所养”是事关社会和谐与人性尊严的多维度民生问题,其关涉民生的保障与改善以及公平正义的促进与实现。就基本权利的类型而言,养老权主要属于社会基本权利中的社会安全权,但也涉及财产权等自由基本权利;就基本权利的功能而言,养老权主要涉及受益功能。为了妥善地解决养老问题,保障公民的养老权,国家必须履行相应的国家义务,通过政策、立法等调控途径提供公共物品与制度性保障,进而实现公民基本权利的全方位保障。 “Lao Yang Yang ” is concerned with social harmony and human dignity, multi-dimensional livelihood issues, its protection and improvement of people’s livelihood and the promotion and realization of fairness and justice. As far as the types of basic rights are concerned, the pension rights mainly belong to the social security right in the basic social rights, but also to the free and basic rights such as property rights. For the functions of basic rights, the pension rights mainly relate to the beneficiary functions. In order to properly solve the problem of providing for the aged and safeguarding the right of endowment of the citizens, the state must fulfill the corresponding state obligations and provide public goods and institutional guarantees through the regulatory channels such as policies and legislation so as to realize the all-round protection of citizens’ basic rights.