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The Constitutional Protection Of The Right To Life

Posted on:2016-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y GuoFull Text:PDF
GTID:2296330464969227Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The right of life is that people enjoy a life of their own safety protected by law, any organizations, groups and individuals are not deprived of or threatened right. It is the most basic human enjoy, the most fundamental rights, is the premise and foundation of all other rights that citizens enjoy. With the awakening of consciousness of civil rights, ensure the citizen’s individual rights has gradually become the goal of the rule of law, the constitutional protection of the right to life is the basis of all other rights. The modern meaning of the right to life, Its core lies in the control of the state power to the citizen’s personal life and safety of the undue infringement, Countries should bear the obligation to prohibit individuals both positive infringement of right of life, also should bear its not infringing upon the citizen right of life consumption. In the global practice, the constitutional protection of the right to life is usually the right to life into the constitution as the starting point, to review the constitutionality of the specific legal system as the basic way. But at present in our country, because the right to life is yet to be written constitution, the right to life of the legal protection problem is mentioned in some sectors, however, in China’s constitution has not the right to life the most basic rights stipulated.The importance of the right to life, have the right to life without the essential as an independent rights in our constitution was proclaimed in writing, the general situation of the roughly to the provisions of the right to life world, what are the characteristics of the right to life, the general situation of the roughly to the provisions of the right to life world, the right to life in the constitutional status of our country should be how, suggestions in reference to relevant countries on the basis of practical experience, combining with the actual situation in our country, the right to life into the constitution as a starting point, to establish the judicial unconstitutional review system as the goal, aims to promote the right to life will be written into the constitution in China, this undoubtedly to perfect our country citizen’s basic rights system has important theory value and practical significance. Also is the main purpose of this articleThe article from the introduction of basic theoretical knowledge of the right to life,in today’s world of general legislation survey for the right to life,and the right to life in China involved to do a simple description of this field. This corresponds to how to grasp the connotation and characteristics of the right to life, it into the constitution should pay attention to what issues such as do the analysis. Emphasized the current urgent need to the right to life written into the constitution of the reality urgency, and will have to deal with the problem after the loaded constitution analysis and so on. The conclusion should be in reference to relevant countries on the basis of practical experience, combined with the actual situation in our country, the right to life into the constitution as a starting point, to establish the judicial unconstitutional review system as the core,this is the implementation of our country’s civil liberties effective guarantee life ideal path.
Keywords/Search Tags:The right to life, Constitution guarantees, Constitutional review
PDF Full Text Request
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