Safeguarding Research Of The Right To Life Under The Conflict Of Legal Interests

The right of life as one of the basic human rights has not only been recognized by Constitution and laws of most countries since it has been established in the United States Constitution in the 18th century,but has been written in a series of international human rights conventions.The right to life has a basic position in the spectrum of human rights,and other content of human rights all originate from human life being,which demands to regard human as the center and prohibits to treat people as tools,everyone's life should be properly treated,the intrinsic value of people should be respected,the state cannot arbitrarily violate others' life.But with the development of the social political and economic,progress of technology,and the deterioration of the natural environment,all kinds of new social problems emerge in endlessly,mankind has entered a risk society,as German scholar Ulrich.Baker puts.The conventional sense of defense function of right of life is not enough to safeguard the fundamental human rights,so the right of life requires the government to provide more aid in need actively in most cases,legal norm is one of the important means.Although China Constitution stipulates obviously that "state respects and guarantees human rights",the guarantee of the right of life is also involved in other laws and regulations,which are not enough to solve conflicts between abortion,euthanasia and other emerging problems and the right of life.This paper analyzes the questions above from the angle of conflict of legal interests to enhance research of the protection of right of life.Firstly,it's necessary to clear some of the theoretical concepts about conflict of legal interest of right of life involved,for example,how to define the concept of conflict of legal interest and the meaning and property of the right of life.Secondly,to clarify the type of basic conflict of legal interest in the process of the protection of the right of life.Among them,the first type is the conflict of legal interest between individuals such as conflicts of pro-life and pro-choice about the abortion;the second is the conflict between public legal interests and the interests of individual life;the third is the conflict of the state order with the life which is inviolable,which is mainly related to death penalty and national security under terrorist attacks;the last is the conflict between the duty of nation to protect the right of life and somebody who give up his life,the most controversial about this type is the question of euthanasia and suicide.Due to every conflict of legal interest has its produce,so it boils down to mainly four areas,which is the promote of civic awareness of rights,the legal interests and legal standards are not clear,the laws shows lag to social development,defects of life safety education.Therefore,based on the fundamental principles of our Constitution,laws,provisions of the relevant international human rights conventions,and its implementation and the practical requirements,this paper analyzes the rising reasons of these conflicts of legal interest,and targeted countermeasure research of protection of the right to life could be carried out from three areas of theory,legislation and education.On the one hand,on the theoretical level to protect the right of life,it's necessary to set priority protection and limitation standards of legal interests,and whether the right of life could have been chosen itself or not;on the other hand,on the level of legislative control about the right to life,to discuss the improvement of the legislation of family planning in China and the legalization of euthanasia.Finally,it's important to strengthen the safety education of the citizens' life,and strengthening of personal responsibility to protect the right to life.In short,in order to achieve the highest values of humanity,whether from the point of pursuit of constitutional values,or the view of the conflict between right to life and other legal interests,the right of life should be placed in a very important position.The importance is reflected not only in theory which regarded as the cornerstone of the rule of law,but should be regarded as the highest legal norms in the judicial regime,only thus can achieve a better safeguard of the right of life of citizens.