The Legal Protection Of The Right To Existence

Human rights are the rights which are just because of the humans' nature,which are indispensable qualifications that individuals as the subjects should enjoy.Based on the nature and topic in different historical stages of human rights,we divide the history of the human rights' developments into three specific topics:the right to liberty as the topic of human rights,the right to existence as the topic of human rights and the right to development as the topic of human rights.Although the appearance of the right to existence has raised a revolution in human rights theory,when it receives infringements,the lack of the explicit standards of the responsibility body and the related responsibility leads that the right to existence could not get the judicial safeguard.The rulers and the theoreticians think that the realization of the right to existence needs the state's positive action, and who should be responsible for its realization is not explicit.Therefore,the right to existence is unable to be recognized as a legal right,which can only be treated as the slogan of the political actions at most,which also gets the acknowledgment in the practice of human rights in many countries.The western developed countries' classical human rights theory always grasped to the pursue of liberty,which gave the liberty the chief place and regarded political liberty as the core of the western constitutionalism.In Japan,the human rights scholar proposed a complete concept of the right to existence,has conducted a certain extent research in some theoretical questions of the right to existence,such as the nature and the contents,and has got the experience in the judicial practice.Some welfare states in the Western and Northern Europe also had the enormous enhancement of the importance of the social rights,these countries constructed the theory and practice of the social rights in the foundation of social state and welfare state.With the advancement of globalization process, the global mutual recognition of human rights is also forming gradually,facing the globalizing tide, we should examine the right to existence carefully again to clarify some one-sided even wrong understandings in the theory and practice of it.This article expects to reorganize the stereotyping course of the right to existence,define the essential factors of the right to existence,discuss its subject and contents,analyzes its nature and the state duty and tries to conclude the evolution rule of its legal protection in order to provide the reference and explanation to the research of the right to existence in the standard designing,the system molding and the practice reforming.