An Analysis To The Problems Of The Right To Life Through The Perspective Of Legal Philosophy

Life has unequalled value, it is the prerequisite for a person to have all his or her other rights.With no life anything of a man will not exist anymore. However, in the juridical practices and real life, the phenomenon of"the same life, different price"(SLDP) have attracted widespread attention, and led to a discussion about it. This article takes the phenomenon of"SLDP"as the subject matter to analyze the problems and causes on the protection for the right to life in China. Through analyzing I try to make a suggestion on the object modal and order construction of the protection for the right to life in China. In this article, there are three parts mainly in all.In the first part, this article introduces the general theory of the right to life and the challenge it faced. Life has the peculiarity of unique and irrecoverable.We can't compare the value of one's life with others', because everyone's life has the same value, and they are both equal with no difference between highborn and humble. In the concept of"the right to life", the acceptation of"rights"came from the one of"life", and just because of its unequalled value and significance, it made the right to life become the most significant and fundamental human rights .Therefore, the right to life is man's fundamental right, and it is a fundamental human rights with equality and deserves equal treatment. The theory of the right to life faced a challenge for the phenomenon of"SLDP". When the people both in town and in country died in an accident, the criterion of death indemnification ought to be calculated by the same criterion or a different one just like the explanation of clause 29 of the Supreme people's Court, academic community started a discussion about it. Some scholars said that the explanation above had gone back on the legislation's ideal of equality, and it had infringed on the equal rights and interests .And they also said that the phenomenon of"SLDP"had gone back on the constitution essentials which everyone is equal on law, and they argued that"the same life should be the same price".The second part analyzes status now and causes of the protection for the right to life in China. Tough in our country, the protection for the citizens'fundamental rights or human rights on law is increasing day by day as a whole, the phenomenon of"SLDP"in the juridical practices and real life reflected that legislation and judicature have some defects in the protection for the citizens'fundamental human rights which including the right to life. Generally speaking, there are two problems in the protection for the right to life on legislation as follows: the first one is that the legislation has a lack of operability, and it leads to perplexity of juridical practices. And this lack reflected in the low legislation tech on the right to life. Concretely speaking, the first one is the unjustifiable phenomenon for the not unified legislation; the second one is due to the blanks of law which made juridical practices at a loss; and the third one is that the indemnification is very low, and this came from the defective legislations'contents. Besides, legislators'predisposition is not high enough to make law with high tech contents, and it made the law lack operability and juridical practices full of perplexity. The second problem is that on the legislation, the citizens'fundamental rights lack equality, and it leads the right to life which is one of the fundamental rights to unequal treatment more than once in juridical practices. That is a very important reason for the phenomenon of"SLDP". This unequal legislation is reflected in the unequal work rights, the different treatment of the right of receiving education and the double criterions of the rights of obtaining insurance.The causes which made the legal protection for the right to life in China have problems above mainly contain two aspects as follows: the first is the inclination of the lawmakers'maximizing economic development and overlooking the protection for the citizens'rights which is under the direction of pragmatism jurisprudence concept since 1949, and it made law only act as a tool of reform and opening to the outside and economic construction. The second is the pattern of difference in having and fulfillment of rights which is ubiquitous all over the world. The root cause of this phenomenon is the unbalanced economic development, and it is also the root cause of the phenomenon of"SLDP"in juridical practices. Confined by various conditions including economy, it is out of the question that rights are protected and treated equally when lawmakers make law, and it makes the rights in the course of their having and fulfilling turn up the peculiarity of improbable equality, or inevitably take on the different pattern. Concretely speaking, the connection between economic conditions and the fulfillment of citizens'rights mainly reflected in two aspects as follows: the first one is whether the fulfillment of citizens'rights is equal due to the economic conditions; the second one is that confined by the finance and the requirement of economic development, government had to predetermine the reasonableness of the difference of citizens'income in a given time. Thus, we can see that the fulfillment of citizens'rights confined by various conditions, but ultimately confined by economic conditions.The third part puts forward a suggestion on the object modal and order construction of the protection for the right to life in China. Just as what we have mentioned above, rights themselves have a pattern of difference which is ubiquitous all over the world in the course of their having and fulfillment, and this peculiarity means that it is impossible for anyone to have and fulfill the rights equally in short time. And because the protection for citizens'fundamental rights on legislation and judicature in China is deficient, and confining by the economic development currently, the object modal and order construction of the protection for the right to life will be a very complex problem and course. As for law, what we can do currently is to perfect the citizens'fundamental rights which including the right to life on legislation, and at the same time to strengthen the protection on judicature. Concretely speaking, we should begin with two aspects as follows: first, we should strengthen the protection for the right to life on legislation, including establishing humanism legislation concept, enhancing the operability of law, and putting the necessary favorable allocation of legal rights on legislation. Second, we should strengthen the protection for the right to life on judicature to realize social justice, mainly depending on the necessary favorable allocation of legal rights on judicature. But these measures are the only ones that we can take on law currently, and the root measure which could change this condition of deficient protection for the right to life entirely in China currently and decrease the unjustifiable phenomenon of"SLDP"is to develop economy and exterminate the gap between urban and rural areas.