On National Obligation Of Citizen’s Survival Right

The law’s life lies in its implementation, and the final form of its implementation isenforcement. Enforcement of the law is the last line of defense against defending the society,and performing a rescue is the fig leaf of guarding the social justice. With the promotion ofthe judicial reform, performing rescue gradually drawing widespread attention from the worldand which influence the social image even the social stability and development.In the process of implementation, when individual’s right to life is hard to realize, thecountry has the obligation to guarantee citizen’s basic right to life. This obligation is not thecharity from country to citizenship but the obligations that the country should have. Therefore,the relationship between the country and the citizen should be that of the country’s obligationand citizen’s right. The country should fully understand the necessity of performing rescueand change their traditional thinking in order to make the performing rescue into effect andplay its bigger role in the whole society. Based on typical case analysis, according to thepractical situation of people’s court in Yunchang district of Jincheng, and combine withresearch and theory, the thesis reflects the performing rescue problems of Chinesecharacteristics. The thesis is divided into three parts in details.In the first part, the thesis draws a conclusion of country obligation absence in theperforming rescue by analyzing the present situation of performing rescue. Based on theanalysis of typical case, the thesis analyzes the existing difficulty in performing rescue andthen clarifies each part’s logical thinking in the process of performing rescue. And the resultis that the country obligation absence is the main reason causing the difficulty.In the second part, the rationality of country obligation in the process of performingrescue is argued. Guaranteeing the citizen’s right to life is the basic obligation of the country.And the thesis promotes the theory level and enhances the theory basis of performing rescueby theoretical analysis of social contract theory and the dual nature of the right to life.The third part is the reconstruction of performing rescue. In the process of performingrescue, it is significant to fulfill the aid obligation of the country to the citizens. It is not only feasible but also realistic to implement this kind of assistance in the present stage.In conclusion, based on the typical case of performing rescue, the thesis is concernedabout people’s live hood issues and centered on country obligation; it put forward theprotecting obligation from the state to the citizen by deconstruct ring the current performingrescue behaviors. Consequently, it reset the relationship between the state and the citizen inorder to arouse the emphasis and reconsideration of the state’s obligation and the citizen’sright.