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On Security System Of Right To Life In China

Posted on:2012-07-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:K Z ZhangFull Text:PDF
GTID:1226330344451992Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Right to life is one of human rights or collective rights belongs to the citizens that living in poverty and the developing nations, which include the life, dignity, security and other content.In the object sense, it is the relationship between national and international civil society, state rights and obligations. Right to life as a separate right has a separate power domain-wide, not a collection of various rights. Protection of citizen’s right to life can be divided into two lines and three levels. Two lines are the line of minimum standard of living and minimum living standard line. Based on these two lines, the protection of right to life can be divided into three levels which are to maintain the right to life, based on living material security and welfare rights protection. To realize the right to life, the country’s material benefits are important, but only play a complementary role. The more important thing is to provide a variety of systems through the country and build the supply system of guarantees for the survival framework. In this framework, the main body is social security system, protect the citizens of property rights is the key to maintaining economic and social rights of citizens for the two wings in order to maintain the principle of civil liberties in order to have dignity, weight and healthy living as the goal.This paper discusses the protection of the citizens’right to life and relief system that led by national institutional system supply. It includes various direct protection systems of the right to that supplied by the national system, self-support system of right to life for the citizens to achieve, association systems which protect the rights of life and systems when the security System have no effective. However, family, society can also play an important role in protecting right to life. In general, in the main body aspect, the protection of right to life can be divided into individual self-protection, protection of national security and social forces. In order to let these three be able to function effectively, it requires States to adopt the system that exist already, or create a new system or make an improvement on the original system, by way of legislation to achieve the supply system. This section is arranged in accordance with the security System, and the whole institutional system is divided into basic security system, protecting the rights of association of three branches of the system and relief system, and to individual autonomy, protection of national security and social forces are arrangements among the different chapters.This article is divided into introduction, conclusion and the main chapters, focusing on establishing which kind of security system can protect our citizens’right to life. The author pays little attention on the value of the right to life itself, its meaning and its significance. As the title implies, the author focuses on building security system problems. The first chapter analyzed the meaning and history of right to life protection, focusing on the concept of right to life. Theory of human dignity and the doctrine of social solidarity are the philosophy of law basis of right to life, which comes from the differences between man and animal in term of life. Study the history of the right to life protection can provide china a useful inspiration. The development concept of special protection of the right to life is shown in this chapter. Right to life is a right, or an interest? Which is a better idea to give it a good protection? This paper analyzes the views on the right to live in Chinese traditional culture, including Sun Yat-sen, Sun Ke, Luo Longji and others’concept to protect the right to life, and evaluation of the modern concept of protection of right to life in modern nations. The author believes that the modern state to protect the right to life is based on the concept of the welfare state-oriented system design, basically. This approach provides maximum protection for the right to life support, but there are also shortcomings that inhibited the citizen’s initiative and creativity and the possibility of over-reliance on national benefit. Therefore, the modern Western concept of right to life protection need further improved, and the traditional Chinese thinkers and explorations of its Republican figures provide a useful factor improvement, which Is a reflection of deep cultural structure, easier for people to learn to accept, and will meet the situation in China.In the analysis of survival and security of the meaning of history can learn from the inspiration of the factors, the article goes the into the construction process of our security system. How to build it? Construction of the article indicates a clear criticism characteristic. ChapterⅡof the article introduces two approaches for building the modern state subsistence security system in a critical view, which are the social countries’and liberal countries’. Social countries emphasized that the protection of right to live is the obligations of the State, the State should provide a full range of safeguards. Liberal Countries guarantee that the right to live relies mainly on the efforts of their own citizens, countries only for the economic development of institutional support, safeguard citizens economic freedom, political rights, and other indirect ways to maintain civic right to life. These two ideas reflect the game between the values of freedom and equality, and show the classical liberalism and social democracy struggle. China should absorb the advantages of both systems to build a harmonious society the right to life under the security system. The right to life protection of a harmonious society needs the guidance of the Constitution, gives full play to the enthusiasm of both countries and individuals, establish a comprehensive system of systems to protect the citizens right to life.Under the guidance of security concepts and systems in right to life protection system, the articleⅢ,ⅣandⅤrespectively analyzes the basic right to life guarantee system of systems, the relevance of survival rights protection system and the survival of the relief system. The third chapter analyzes the financial and taxation system, the social security system, the system of rural land system in the subsistence guarantee system. The fourth Chapter introduces political democracy and freedom of expression which are two aspects of political rights as well as economic and social rights to protect the right to life. This paper examines deliberative democracy in political democracy. In freedom of expression of public opinion focused on the expression of speech network. The property rights, economic freedom, the rights of beneficiary are mainly discussed in Economic and social rights. In social rights, there are two aspects of labor rights and the right to education. These are representative of economic and social rights and protection of the right to life, that survival protection and other rights as a whole are intended to safeguard citizen’s constitutional life. As for the relief system of right to life protection, the fifth chapter discussed the administrative remedy, judicial relief and other relief system. As for right to life the author believes administrative relief is more effective than other relief such as emergency relief and civil remedies. And judicial remedy has the longer time-consuming problem exists and needs further improvement.
Keywords/Search Tags:Human Rights, Right to life, Security System
PDF Full Text Request
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