On The Legal Protection Of The Right To Life

The right to life is the basic right of people, which is the basis and vector of other rights. International and regional human rights documents have played a normative role in protecting the right to life. Most countries conform and protect the right to life in the Constitution, providing the legal basis for the reality protection of the right to life. On the view of reality , our country's legal protection of the right to life is far from enough. Study on the law protection of the right to life is of great theoretical and practical significance for China's legal protection of the right to life.The thesis consists four parts: Part one focuses on the basic theory of the right to life. Different scholars have different opinions about the definition of the right to life. Analyzing and comparing various definitions, the author thinks that the right to life is the right to existence, not violated and self determination under certain circumstance. Further disusing the meaning, the author analyzes the factors, the attribute, and the characters of the right to life. Part two analyzes the theory and empirical analysis of constitutional protection of the right to life. As the basic right, the right to life should get the constitutional protection first. The theoretical basis of constitutional protection is the thought of natural rights and social contract. Each country protects the right to life in different models. Protecting the right to life has been the pursuits of constitutional countries. Part three introduces the international and regional protection of the right to life. The international and regional human rights documents build the standard system of the legal protection of the right to life, through judicial practice the human rights institutions protect the right to life comprehensively. Part four focuses China's legal protection and perfect suggestions. The right to life in our country is implied in the Constitution. The department law such as the criminal law and the civil law has provided some protections, however, on the view of reality, our country's legal protection of the right to life is far from enough. Learning the advanced experiences from foreign countries, our country should conform the status of the right to life through constitutional interpretation, and under the guide of constitution, enforce and improve other departments' protection of the right to life.