| Life is the foundation on which human beings live. Without life, nothing is possible. It is an era when human rights are getting public attention, and the right to life plays the most basic and crucial role in human rights. Without the right to life, the so-called right of freedom and right of property are only empty talk. As early as the Middle Ages, theologian Thomas Aquinas had brought forward the right to life in expounding the natural law. He thought that the primary inner inclination of mankind is to pursue the kindness in nature, and the primary kindness is to protect life. The legal right to life is referred to the right to life recognized ,safeguarded and protected by law. In real life, people's understanding of the legal right to life is also vague and superficial, and sometimes it is even ignored. The phenomena of violating the legal right to life are not uncommon. Therefore, strengthening the research of the legal right to life is of great importance.This paper mainly investigates the related theory issues of the legal right to life. The author believes that life is a complex issue that involves not only morality but also law. The legal right to life mentioned here can be divided into ethical right to life and legal right to life, the former is the actual source of legal right to life, and the latter is the legal confirmation to ethical right to life. In the real society, to realize the protection of the legal right to life, the legal right to life must be constructed on the basis of ethical life. Thus this paper consists of five parts.The first part is mainly an explanation to the principle of legal right to life, including legal connotation of the legal right to life and characteristic of these two elements. In the analysis of the legal connotation, specific difference between ethical right to life and legal right to life firstly, Which to make good bedding for the legal right to life,and then analysis the subject, object and content comprehensively. In the analysis of the characteristic is mainly from supremacy, basic, irreplaceable, universality and equality of the five characteristics of the specific descriptions.The second part mainly makes comments on two difficult issues of legal right to life. It also combines the legal reality and the objective facts in life to demonstrate that legal right of life is of absolute and relative interactive and can be controlled.The third part explores what natural law school, philosophy of law school, utilitarian law school and new natural law school think about the legal right to life by historical approach from multi-dimentional perspective ,which indicates the ethical dilemma of legal right to life and the inevitable choice to get rid of that dilemma. Thus it analyzes the transformation of legal right to life from moral principle to legal principle.The fourth part describes the provisions of the protection of legal right to life both in international and domestic legislation and the necessity to protect legal right to life in our country all from reality with the approaches of empirical study and value analysis, which highlights the research significance of protecting legal right to life.The fifth part makes further investigation about the protection of legal right to life. It emphasizes the effect of the state, social communities and individuals as the main roles to fulfill the obligations of protecting the legal right to life with the expectation of more perfect and effective protection of the legal right to life.
|
PDF Full Text Request