The Right To Life And Its Constitution Guarantee Of The Citizen

The rights to life means citizen have rights of own life safety is protected by law and not deprived of or threatened by everyone. It is the humankind's basic right, is the premise and the foundation that citizen possesses other basic rights. For the absence of the constitution law in our country, this basic right has not been protected yet, just as the clause rules to settle down in the general laws. Undoubtedly this paper has important theories and practice values through discuss about this basic right of citizen whether should go into our constitution law, how to performance its position in constitution, what relevant problems we should concerned of and how to knowing about the content and characteristics of the right to life. All of these have profound meaning.This paper having four chapters. Chapter one is the comprehensive statement for the right to life. I am beginning from the history process of the right to life, analyzing its basic concept contents, and carried on differentiation to the related concept. Chapter two I elaborating in many ways for values maintenance of humankind's right to life which scientific development of current society brought about, such as: death penalty problem, the people's gene make duplicate problem, the guarantee for embryo life problem, the criterions for brain death, the legitimacy of mercy killing and suicide problems. Resolve these related social problems of life right well can establish a solid foundation of the rule of law progress for our country. Chapter three is about confirm and guarantee of citizen's right to life in world organizations and other countries. Regional organization includes Asia, Europe, Africa and America's united conventions. Other countries constitution for the right to life of citizens, I divided into Common law countries and Romans law countries. Chapter four I different the constitution law between world human right's convention and China's about the right to life citizen. This is my paper's point chapter. In 1998, China has already signed to contain the right to life of citizen's convention:《the international convention for citizen right and political right》, but up to now, our country hasn't been grant this convention, and also still don't protection of the right to life the explicit rules settles down in the constitution. The international society need China re- constructs the norm of constitution of human rights provision, our country also needs to moderate the international human rights convention correspond. So China should settle down the right to life of citizen in the constitution as soon as possible, contract margin with international societies about human rights guarantee. Build up the constitution litigation system so that the right to life of citizen can acquire the judicatory of the candor relieve in time. Now, we must speed the lawmaking step, strengthen judicatory judges and enforce the law's system construction, build up the sound society guarantee and the perfect kit law system.