Research On The Application Of Human Dignity In The Constitutio

"Human dignity",also known as "personal dignity”,refers to the supreme internal value of everyone in the society.The original meaning of the word"dignity" refers to nobility,solemnity,sanctity,and inviolability.However,since modern times,the concept of "dignity" has a broad extension.Philosophers have gradually changed the concept of "dignity" from the promotion ability of human being as a "class" relative to other things in nature due to some unique ability to human status or value that must be recognized and respected by others.As a legal concept,the value concept of "human dignity" also points to the status and value of human independence and inviolability of the state and society.At present,the research on human dignity mainly focuses on the concept,basis,subject and principle of dignity.Scholars define and discuss it from the perspectives of philosophy,ethics and jurisprudence,and deeply demonstrate what human dignity is,why human dignity exists,and how to defend human dignity from different aspects.However,how to make "human dignity" truly become a legal concept with practical significance is still an in-depth research problem.The research on this issue is mainly carried out from three aspects: the manifestation of human dignity in the constitutional text,the attribute positioning of human dignity,and the function of human dignity.The expression of human dignity in the Constitution can be divided into two forms: one is the written mode;The other is an unwritten mode.The written mode is to directly confirm the value of dignity in the preamble or text of the constitution,or specify the state’s obligation to protect human dignity,or clarify the inviolability of human dignity.The model unwritten,that is,although the guarantee of human dignity is not explicitly stipulated in the constitutional text,the competent organs express the meaning of the guarantee of human dignity through constitutional interpretation.Although the protection of human dignity can be realized through expressly stipulated constitutional provisions,it does not rule out the application of human dignity as an unwritten constitutional norm.The attribute orientation of human dignity in the Constitution can also be divided into two categories,that is,as the fundamental right of citizens or as the basic value of the constitution.And in some countries,human dignity has two attributes in its constitution.However,due to the fuzziness of the concept of human dignity itself,the function of its right attribute is limited.As far as the cases known at present are concerned,the principal function of human dignity as a constitutional value will be more operable.The normative function of human dignity is reflected in three aspects,that is,as the benchmark for the review of whether state acts constitute violations of citizens’ fundamental rights,as the basis of citizens’ fundamental rights,and as the benchmark for the priority protection of rights conflicts.Human dignity,as the benchmark for examining whether state acts infringe on citizens’ fundamental rights,is reflected in two ways: first,whether the state has made acts that are not conducive to the protection of human dignity(positive acts);Second,whether the state has fulfilled its obligation to protect human dignity(negative omission).Taking human dignity as the basis of citizens’ fundamental rights is reflected in two aspects: one is as the basis of listed citizens’ fundamental rights;second,as the basis for expanding citizens’ fundamental rights.Human dignity,as a benchmark to solve the conflict of rights,is manifested in two aspects: first,to construct the value order of fundamental rights with the guarantee of human dignity as the core;second,take the protection of human dignity as the benchmark for measuring interests,and judge the priority protection order of rights in individual cases.