| Recent years have witnessed the frequent occurrence of coal mine crisis and thousands of people die in it each year. According to the related statistics, among all the people dying in coal mine crisis, eighty percentage of them are the Chinese. This figure chills people's heart and meanwhile it reveals that the Chinese do not value the protection of people's life in the formulation of public policies and laws. Nothing counts without life. The life rights is the source of human rights and the basis of other rights. Nowadays, growing attention has been paid to the importance of the life rights by the international society. Despite the fact that like the western countries, China also values life as air, regarding it as the highest, in our constitution the life rights is still an implicit right and there exist certain problems in the protection of life at present. Thus it is necessary for us to conduct an investigation into the life rights from the perspective of harmonious society, based on the people-oriented aim to manifest the value and significance of life rights and further have a better protection of it.Harmonious society is an ideal society combined with truism, kindness, beauty and harmony. It is a rational and people-oriented society. The life rights refers to that natural person lives in this world safely according to the natural rule. Their life is not illegally exploited and threatened by all kinds of dangers. The well protection of life rights is the basis of the widely development of harmonious society, the important signal of the positively identified values of harmonious society, the good prerequisite of the properly distributed social benefits, and the topic of successfully promoting the construction of harmonious society.In the practice of judicature, the following questions are attached great significance to: how to well protect the life rights; how to reasonably determine the content and standard of compensation against the damage to life; how to properly regulate the applying for compensation against the damage to life; and how to better carry out the compensation against the damage to life. The effective solving of these problems undoubtedly contributes to the construction of harmonious society in China and the manifestation of the people-oriented aim.Based on the comparative observation and the investigation of the present conditions in China, the researcher concludes that there exist following problems in the law protection of right of life: Firstly, as the basis rule, the constitution does not make a clear regulation about the life rights, which leads to the fact that the constitution cannot guide the inaction of the law, the enforcement of the law and the administration of the justice. Such phenomena as "it is better to bump people dead than injured" and "the same name but different price" also occur preventing the construction of harmonious society. Secondly, there still needs improvement on the theory of the protection of life rights, especially the compensation against the damage to life, such as the confusion in the theory of life rights relieve and the compensation against the damage to life. In addition, there is certain discrepancy in the regulation of the compensation against the damage to life rights, resulting in some unfair phenomenon violating the essence of harmonious society that the amount of compensation paid to the dead is much lower than the money paid to the injured. Finally, there is a lack of effective enforcement of the protection of life rights. Many families of the deceased do not receive compensation.To counter the problems existing in the protection of life rights listed above and better improve the law protection of life rights in China, the researcher puts forward the following four suggestions concerned with the legislation of life rights and the compensation against the damage to life: firstly, based on the necessity of the protection of life rights in constitution, there should be clear regulation about it in constitution so as to create a favorable atmosphere for the protection of life rights in society; secondly, in the light of the confusion in the theory of life rights, the deceased themselves and their families should have the right of request for relief in order to protect the life rights in a better, fairer and all-round way. Thirdly, to counter the imperfection in the law protection of life rights, higher compensation standards and more compensation items should be offered. In accordance with the principle of full compensation, the function of punitive damage to punish any infringement should be brought into full play to protect the life rights. Fourthly, to some problems which are difficult to solve after the trying of the court, the system of enforcing compensation against damage to life should be developed and improved so that the authority of Chinese law in the protection of life rights can be built in the Chinese people's heart. The compensation against damage to life can be paid on time. |
