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Personal Dignity And Its Realization

Posted on:2011-09-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:1116360305981017Subject:Ideological and political education
Abstract/Summary:PDF Full Text Request
"Personal Dignity" is often treated as an accustomed idiom and also used as conventional concept. Although the idea of personal dignity has been widely recognized for the public, many theoretical issues still remain in dispute, such as the origin of personal dignity, the relationship between personal dignity and human rights, and the legal status of personal dignity. In real life, vague understanding of dignity in ideological views has led to many behavior errors on the pursuit way of dignity. Some people view dignity equal to power and wealth, and pursue them by fair means or foul; someone equate dignity with face and vanity, chase after luxury and glitz deliberately. In order to obtain material benefit or desire satisfaction, phenomenon's self-deprecating personality, loss of personality dignity, and ignoring and violation of other personality dignity occur times and times. Personal dignity and its realization become a concern for social problems in the face of euthanasia, human organ transplants, cloning, and surrogate mother resulting from modern medical technology and the legal problems of violations of privacy, portrait, reputation and other personal interests brought by the development of information technology. This is not only the theoretical issues, but the practical problem of ideological and political education work. Meanwhile, the "dignity" is written in this year's government work report for the first time and interpreted as the Government's policy objectives by Premier Wen Jiabao. The dignity of citizens has attracted great attention of our government, and it is urgent and necessary to make some research on dignity and its realization. So all-round multi-angle investigations and exploration of the issue possess great significance and value.Ethics and law have different emphasis and expression, but intrinsically relations, in the use of the concept of personal dignity. Ethics proceed from moral sense, emphasizing the self-esteem people should have and the honor and solemn acquired from the perfection of moral personality. Pursuit and safeguard of personal dignity is everybody's moral rights, but also their moral obligation to be performed. Interpretation in law views human dignity more in the rights point, that human dignity is the rights guaranteed by law with the content of man's spiritual interests. Though the protection of spiritual interests and treatment that human deserved, people's honor and solemn is expected to be achieved and shall not be infringed. Personal dignity of moral sense is concept foundation and value pursuit of that of law sense. Personal dignity of law sense is legal representation and institutional guarantee of that of moral sense. Organic unity of personal dignity in the moral and legal sense is the complete and scientific connotation of the concept. "Human dignity", "personality rights", "human rights" and other concepts are intrinsically linked with personal dignity, but there are also differences in the use space. Comparison and three-dimensional perspective of those similar concepts helps to fully grasp the concept of personal dignity. Human dignity has richer connotation than personality dignity, covers meaning of personality dignity in the content. But as a legal concept, the appellation of "human dignity" is also irreplaceable. Because of the difference in semantics, it should be used respectively in scientific sense. Personality rights are legal extension of equal personality idea and an important component of the rights systems which core are human values, and highlight and protection of personality rights is just personal dignity. In short, personal dignity is the essence of human dignity, the logical starting point and basic element of personality rights, value foundation and key kernel of safeguard of human rights.With the continuous progress of human history, the idea of personal dignity is gradually clarified and established, and has the same trajectory and different focus in the east and west. After the Second World War personal dignity was written into the constitution in the worldwide, then personal dignity which existed in religion, ethics, and other cultural field gradually entered the legal field of vision. As moral imperative and ethical principles, personal dignity also became the legal norms, value philosophy and institutional goals of positive law. There is the same evolution track between Chinese and Western ideas of human dignity from idea to institution, from ethics to law, from hierarchy to equality, and the same orientation and destination of for rights standard or obligation standard, for the whole country or for individuals, for the country or for themselves. The historical trace is also reflected and displayed in today's society.Argumentation of personal dignity and its realization need elucidation of the content, main body and the implementation conditions. As the fundamental rights human being should enjoy, personal dignity is the moral rights and also legal rights. Everyone is the rights subject of personal dignity. Countries, individuals and various organizations and groups in society should undertake corresponding obligations in terms of the realization of citizen's personal dignity. The realization of personal dignity needs self-esteem and respect form others in moral sense, and even institutional remedy and legal safeguard after dignity is damaged. The realization of self-esteem and other respect on the one hand depends on the inner consciousness of the main body of personality; the other hand, the external protection of social environment. Both of them complement and interwork with each other. Anyhow, the realization of personal dignity is a systematic engineering, including material foundation, and cultural support, and institutional maintenance. In the process of realizing, the power of morality and law can't be ignored. Morality is the premise and foundation of realization of personal dignity and the law is weapon and safeguard of it.The realization of personal dignity is especially important in the personal life and social life; contains rich personal and social value. As a theory of research on the human being and happiness of human and science targeted to good life and good society, moral theory occupies an important position in the discussion of its realization. Personal dignity possesses great significance and value to people and of course, should be protected by law. If there is no legal recognition and protection, personal dignity will lose an important institutional safeguard. The scientific concept of personal dignity will be difficult to establish if lack of ideological and political education of citizens in personal dignity and the correct value orientation; and personal dignity will be difficult to achieve if there is no legal recognition and maintenance and then loss of system security. The avocations and pursuit of personal dignity can not only promote improvement of the moral qualities of the members of the society in microcosmic, but also improve the whole society morality in macroeconomic. Its realization is the inevitable requirement of perfection of individual and social morality, the only way to shape the spirit character of the modern national and to construct the harmonious society.Since the founding of New China, the rapid development and great progress of the country's political, economic, cultural and other aspects provide powerful material protection and spiritual support, which makes citizen personal dignity has been successfully achieved and implemented in a large extent in most areas. However, it is undeniable that, due to a variety of factors, the concept of people's dignity has yet to be improved. There till exists some problems and obstacles in the realization of personal dignity. The reasons for affection the realization of personal dignity are various; exploration of the reason is the key to open the crux. The adverse effects of traditional values are the ideological root of current problems; the lack of necessary regulation of public power operation is institutional inducement; the poor maintenance of law enforcement agencies is the reality obstacles of the realization of personal dignity.Facing the market economic reform and opening up, promoting the further realization of human dignity through laying the moral foundation and perfecting legal guarantee is imperative. We need to energetically develop the economy and improve people's living standards, at the same time, accelerate the construction a set of the moral and legal system promoting and protecting the realization of personal dignity. We should pay attention to enhancing the ideological and moral education, and strengthening the people's dignity sense, excluding incorrect traditional concept, helping people to establish the rights dignity view of equality, mutual respect; to changing the style of work, eliminating infringement and damage of the public rights to personal dignity; to strengthening the guide of public opinion, advocating the pursuit and realization of personal dignity, forming the social atmosphere of everyone pursuing self-esteem and respecting for others, reinforcing the moral basis of civic personal dignity. Meanwhile, with the diversity of the main body of modern society and its values, interest's demands of different subject lead to the increasingly diverse and universal of contradictions and conflicts, in which, law plays an increasingly important effect on safeguard of personal dignity. Because of the lack of accurate and profound understanding of theoretical issues such as property and status of personal dignity, the importance of protecting personal dignity is insufficient, which give rise to unable to build a unified and harmonious legal protection system of personal dignity. The deficiency of the principle of law regulation and relevant legislation science result in more vulnerable violations of personal dignity and also harder obtaining of timely, effective and adequate relief. The shortcomings of legislation and judicial protection make perfection of relevant legislation and judicial links necessary. Through the strengthening of ideological and moral foundation and the improvement of legal system, the personal dignity of our citizens will be achieved further.The realization of personal dignity is a systematic project; need not only ideological and ethical foundation and complete legal protection, but also solid socio-economic, political and cultural grounding. In view of moral and legal, the article carries out some investigation on the concept exploration and discrimination and historical textual research, in order to provide a perspective or idea to clarify relevant problem.
Keywords/Search Tags:Personality, Dignity, Morality, Law, Realization
PDF Full Text Request
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