Legal Theory Analysis On The Right-to-existence

Under the national interfering doctrine and the idea of positive rule of law,the traditional liberalism human rights theories took place with the idea that the social right gets perceived and valued by more people.The right to existence,as the core of the social right,also gets the extensive acknowledgement in many countries' constitution and a series of international convention consequently.The right to existence relates to acknowledgement and guarantee of human dignity in economic, social and cultural field,which is seeking for social justice and equality and repairing the classic human rights' value.Entering into 21 century, with the pushing of economic global current,the content of the right to existence has expanded from pure physical guarantee to cultural and physical guarantee.The national center duty to guarantee for the right to existence also makes changes to a certain degree gradually,with the premise that insists and does not abandon the national duty,duty subject of the right to existence extends to society under the country and super national, multinational subject above the country and non-governmental organization. Nation, as the the image worthy of having faith in,were given the working of the"welfare state", undertaking to do the best to realize this right in appropriate way gradually. Gradualness of the subject's right and national compulsory make people hard to define the boundary out of the central contents,so actionability and judicial relief face some obstacles.So the mature degree of the right-to-existence is lower to citizen right and political right,It is necessary to make thorough research into the nature and the legal result that follows when the coutry cann't protect it for the scholars.Guarantees of the right to existence for Our country's citizens still have some place that deserve further perfecting in the aspect of constitution norm level and currently concretely law practice.owing to this, it is the inevitable choice for the right to existence into practice that put the right to existence into constitution,perfectLegal Theory Analysis on the Right-to-existence Abstractsection legislation,establish the protective judicatory system.