The Jurisprudential Analysis Of Refugees' Right To Seek Asylum

Owing to the lack of safe living environment and effective protection,vulnerability and dangerousness of refugees are much higher than commom people.They are the most vulnerable group of human being.Refugees' right to seek asylum is the first step for refugees to obtain legal asylum which ensures their basic rights such as life and freedom.Refugee protection is the crucial aspect of human rights protetion.Refugees' right to seek asylum based on human rights claim has three aspects as follows.Firstly,it is the moral appearance derived from personality.Mercy and sympathy in human nature provide the moral foundation for human beings to lend a helping hand to refugees.However,the risk in reality makes people to help each other due to self-interest.Secondly,it is the politic aspect of cosmopolitanism fostered in current types of state.Nation state can't provide the effecitive protection.Nevertheless,on account of purpose of human union,universalization of basic rights protection cognition and supranational community preliminarily developed make it possible for refugees be validly protected in such kind of social environment.Thirdly,it is legal manifestation rooted in International Refugee Law.Right of Seeking Asylum and Non-refoulement both give the solid security for refugees seeking asylum.Personality,political society,the logical starting point of the law and the ultimate concern all center on the human.Hence,the ultimate source of refugees' right to seek asylum is"human" who are constantly developing and tend to improve.