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On Personal Dignity In China's Law

Posted on:2020-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:H R LiuFull Text:PDF
GTID:2416330623953615Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a basic consensus of human society,personality dignity has been widely accepted and recognized.Personal dignity is the nobleness and honor of human beings,which symbolizes the equal identity and intrinsic value of each individual in society.After World War II,most countries wrote personal dignity or human dignity into the Constitution and laws,and provided necessary guarantees.China started a little later,and the 1982 Constitution established formal human dignity.Personal dignity has risen from ethical value to legal system,fully demonstrating the value and significance that personal dignity cannot be ignored.Therefore,it is necessary to systematically study the personal dignity of our country's law.First of all,we need to define the concept of personality dignity and sort out the source of its thoughts.Different from human dignity,personal dignity is a relatively independent concept with its own particularity.Personality dignity as the inviolable intrinsic value of human beings,symbolizing the nobleness and majesty of human beings,is the confirmation of human's independent purpose,equal status,independent personality,and also the unity of self-respect and his respect and rights and obligations.Although the thoughts of personality dignity in both China and the West are developed from humanism,they have different developmental contexts.Secondly,it is necessary for us to conduct a normative analysis of the personal dignity in our country's law.The dignity of humanity in our country's constitution is based on the subjective nature of human beings,equal status and the value basis ofindependent personality.The establishment of personal dignity is mainly a reflection on evil behavior.It not only conforms to the cultural tradition of humanism in China,but also the needs of social development in our country.In the constitution,according to the purpose explanation and system explanation,the dignity of the person has a double meaning,which can be understood as both basic rights and basic values.Compared with the personal dignity of the Constitution,there are many types of human dignity in the general law.It also emphasizes the subjective value of human beings,and has many meanings,but there are differences in the main body,function and relief methods.Thirdly,there are some problems in the protection and realization of personal dignity.The legislation on the dignity of human dignity is not coordinated,the judicial guarantee of dignity is lacking,and the way of violent law enforcement poses a threat to personal dignity.As far as these issues are concerned,we need to start from four aspects: legislatively,perfecting the legislation of personal dignity;Strengthening the relief and protection of personal dignity in the administration of justice;in law enforcement,civilized law enforcement to maintain personal dignity,civilized law enforcement;personal level,both To be self-respecting,we must respect the value and dignity of others.Finally,the dignity of humanity in our country's law is an inviolable intrinsic value.It embodies the autonomous purpose,equal status and independent personality of human beings.It is the unity of self-respect and respect,rights and obligations.Personal dignity means treating people as people,giving them the deepest care and the most basic respect.Personal dignity does not need to exist by means of external things.It is rooted in human nature itself,because human nature is dignified.Personal dignity means the inviolability of personality and the irreplaceable intrinsic value.Everyone is equal and free.The value and dignity of each individual should be recognized and respected by the state,society and others.
Keywords/Search Tags:Personal dignity, Human dignity, Intrinsic Value
PDF Full Text Request
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