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On The Protection Of The Right To Life And The Constitution

Posted on:2007-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2206360185971991Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
What is the life? The life is the manner of a person therefore and the basis and the premise of the main body on the law. If have no life, all to be equal to zero, the right to life is manifest humanity's dignity and the value, is the most important human rights. In the long history, not any country had opposed the right to life blatantly. It is can not deny that our department law like Criminal and Civil Law and so on has provided some protections to the right to life, but our present constitution actually not breathe a word about the right to life, this had no alternative but to say was one kind of regret.In practice, the government emphasizes is the right to subsistence which are more, but the right to subsistence and the right to life although only have absence of one word, but the implication is actually far from. The right to life indicates in English is "right to life ", which is the natural person according to the natural law, enjoys the life, illegal is not deprived certainly not and can request each kind of dangerous threat the relief the right. But the right to subsistence indicates in English is "right to subsistence" is that basic living needs to meet, the two are not the same thing obviously.Every time, you should treat a person as an end but not as an instrument only, the right to life is an absolute right. Not the traditional utilitarianism philosophy but the Kant ethics lay an absolute foundation for the right to life. The Priority Theory of Constitution and the constitution right protection function, making constitutional protect the right to life seem particularly important. The constitutional safeguard of the right to life, refer to, stipulate through constitution or way that constitution explains write the right to life into the constitution, make it became a basic constitution right, entrust to the obligation that the government office can't infringe and protect actively, and the right to life protected mode that can be realized through the implementation of constitution. Presently, as 153 countries have put the right to life into their own constitutions by each way, this has become a global trend of establishing constitutions.The department law offers some protection at present, but, the phenomenon of ignoring the right to life is in the reality everywhere, its deepest level reason lies in lacking the culture of respecting the right to life, in our community policy has not regarded as the right to life the air same treatment, moreover the constitution says nothing about it. However, actually it...
Keywords/Search Tags:right to life, constitutional protection, state obligation, constitution litigation
PDF Full Text Request
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