Constitutional Protection Of The Right To Life

Life is the most precious of human things, and the right to life is themost basic and important of human right. However, disregarding lifemake a frequent phenomenon in society, activities trampling right to lifecan be found everwhere. In China, citizen’s rights of life and health havebeen stimulated in General Principles of the Civil Law, Criminal Lawalso sets the severest penalties including death penalty against violationof the right to life. Accordingly, many administrative laws divide theresponsibilities of relevant government departments to protect itaccording to their respective regulatory responsibilities. But theprotection of right to life mentioned above had not been provided in apractical and effective way in Chinese reality, which become the mainreason I choose constitutional protection of the right to life as myresearch theme.Various countries attache great importance to the legal protection ofthe right to life,especially in constitution. But in China, rather thanconstitutional protection,merely sectoral laws regulate and safeguard it intheir respective field, which disconnect its most basic and important placein the right system. In this thesis, it tries to present the urgency andnecessity to provide protection to the right to life in constitution, byexpounding the connotation and nature of the right to life and unifying the existing Chinese national condition, at the basis of researching andanalyzing constitutional protection of it in other main countries.The text of this paper is divided into five chapters. The first chapteris introduction of the right to life which introduces thecontent,subject,nature of it, and the difference between it and othersimilar law rights.Chapter2draws a conclusion that respecting andsafeguarding it is dual state obligation, through analyzing the negativeand positive nature of it. Chapter3focus on demonstrating the necessityof constitutional protection of the right to life decided by its specialvalues, which is also compensation for the limited private protection.Chapter4introduces advanced patterns and contents of constitutionalprotection in other countries, trying to positively influence on Chineseconstitutional protection coming true. Chapter5makes suggestions onpattern,content and way of implementation. Finally, it supposes thatconstitution has the absolute power to protect the right to life.If there’s nolife, there’s no other things. Therefor, the right to life supposes to be themost important basic right, it should be brought into category ofconstitutional protection。...