Analytic Philosophy Of Law Of The Right To Subsistence

This dissertation mainly explores and analyzes the history, noumenon, value, realization of right to exsistence and so on in order to facilitate its theoretical research and development.The history review of right to exsistence mainly makes clear the origin and contemporary development of right to exsistence. The origin of right to existence mainly includes two stages, namely, the moral stage of right to exsistence and the law stage of right to exsistence. The contemporary development of right to exsistence mainly concerns about the extensive safeguard of right to exsistence at home and internationally since the Second World War.The noumenon of right to exsistence mainly studies the concept and nature of right to exsistence, the structure and form of right to exsistence and so on. Right to exsistence can be defined from negative safeguard and positive safeguard perspectives. Right to exsistence has historical, systematic as well as relative characteristics. As for the nature, the basic human right attribute and the legal attribute are the essential characteristics of right to exsistence without doubt. The structure of right to exsistence consists of three parts, that is to say, the subject of right to exsistence, the content of right to exsistence and the object of right to exsistence. The form of right to exsistence has three kinds, i. e. the moral right to exsistence, the legal right to exsistence and the real right to exsistence from dynamic perspective. The value explanation of right to exsistence mainly explores humanity, justice, harmony and so on which are indispensable value attributes for right to exsistence.The humanity value of right to exsistence prominently displays in two aspects: love to human life and protection to human dignity. Basing on the negative and positive safeguard of right to exsistence, the justice value of right to exsistence also correspondingly manifests the formal justice value and the substantive justice value. The harmonious value of right to exsistence emphatically points to "the premises and foundation to realize democracy, rule of law, security and stability", "the inevitable logic of humanitarian idea", "the amulet for man and nature living together harmoniously"The tracking for the realization way of right to exsistence mainly discussed the issues of revealing consciousness of right to exsistence, promoting productive force, strengthening legislative work and so on. Revealing the consciousness of right to exsistence is spiritual power to realize right to exsistence. Promoting productive force is material and cultural condition to realize right to exsistence. Among it, promoting material productive force provides material conditions for realization of right to exsistence, and promoting cultural productive force provides cultural conditions for realization of the right to exsistence. Strengthening legality building is system safeguard to realize right to exsistence.