The Discussion On The Constitution Value Of The Life Right And The Perfection About Legislation Of Life Right In Our Country

Being a basic human right, the life right is the foundation and precondition of other rights.the life right is a personality right which a natural person take its life maintenance and the security benefit as the contents, and it take person's as the object right.The life right is different from other personality right, its biggest difference lies in it is take the life benefit as the object.As an individual in the society, undertake social right and fulfill social duties, one must have life, this decided that the life right was most basic, most primitive and the most important one right status in all human right man enjoy.Enters the modern society, in the western constitutional government system, the life right with the property rights, confirmation manner and the free right, is regarded as the human's natural right. And all obtained in the middle the various countries' constitution manifests. Certainly, indicates in the constitution article is various, for example: the first stipulation of the third chapter of" American constitution'' say: "any person's life should not be deprived without a legal law system.On the contrary, our definition on the life right is a relatively plain, often confused with the existence right.The constitution has not the clearly explanation to the life right, has not contain to the constitution as a human basic right. In the entire legal system, the definition of life right is indistinctly or disperses in all kinds of legal article. For example: Our 98th stipulation of" civil law general rule "say, "The citizen enjoys the life healthy right."The 119th stipulation of Civil law general rule say, "the injure and death caused by hurt people body, and must be paid buries expense and subsidy".In the practical life, the denial, the cases of the neglect even tramples the life right is the massive existences. What is pitifully is when the people shout loudly on the human right, when the government's catchword fulfilled in people's life, we have to admit that the life right has not obtained the practical effective Such reality causes us to appeal entire society to pay attention to life right and the life right to be safeguarded by the constitution level, in order to exemplify the constitution value of the life right adequately.