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The Guarantee Of Life Right Under The Perspective Of The Constitution Of China

Posted on:2015-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhaoFull Text:PDF
GTID:2296330431461271Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the gradual development of the society, people’s right consciousness is growing. Throughout the world each country’s constitutional provisions on the right to life, mainly including:the respect of the right to life, the protection of the right to life, and within the scope of legal for the deprivation of life, namely the death penalty. But the current constitution in our country, is not precise definition of the right to life, nor has the constitutional interpretation about the right to life, just in our country "general principles of the civil law" the98th regulation, namely:"the citizens shall enjoy the rights of life and health". Here, about the rules of the life and health, including the general right of life, the right to health and body weight. From abortion to the abolition of the death penalty or not, to the practice of euthanasia or not, and now ultra-high suicide rate, from all walks of life for the right to life into the constitution. The right to life into the constitution, or constitutional interpretation in rules for the right to life, not for the purpose of the legislation, the right to life as a kind of values into real life state, will be for state, the collective and individual citizens the right to life of respect for and protection is the top priority. The right to life of the constitutional protection of research is in line with the current China’s national conditions, but also conducive to the harmonious development of society and the progress of human civilization. Therefore, in this paper, starting from the theory and practice of the right to life, to our country for the right to life the cognitive status quo and the problems involved, and the right to life into the constitution of the problem, put forward the right to life into the constitution, perfect the right to life into the constitution of legislation and the operation of the unconstitutional reviewing system, effective Suggestions. Besides preface and epilogue, this article was divided into three chapters:The first chapter is the basic concept of the right to life. In the academic circles on the theory of the right to life, and the author for the right to life and the attributes of the subject, object, content and a series of research, summary and analysis for the right to life, and it is concluded that the concept of the right to life. In this process, the right of life and the right to life, body weight, the right to health, difference between them. In addition, in view of the nature of the right to life, the right to life into the life right of positive and negative of the right to life. The article discusses the theoretical foil.The second chapter, the analysis of the constitutional protection of the right to life. In the life right of the right to life can be divided into positive and negative under the premise of the right to life, discusses respectively. And it is concluded that on the premise of negative life suicide and euthanasia behavior at present in our country has yet to have appropriate survival soil. The related theory of about the positive right of life. Through the analysis of the positive right of life, as you can see, currently in the process of the right to life, to evade negative only will give top priority to the positive right of life, and determined in the form of the constitution, to better safeguard citizens’ right to life.The third chapter is the realization of constitutional protection of the right to life. Based on the analysis of the positive right of life, the paper expounds the basic theory of the right to life, which includes the right to life into the constitution of the historical development process, and puts forward the preliminary thinking of the right to life into the constitution and the right to life into the constitution of the concrete implementation steps, in order for our right to life into the constitution as soon as possible, and the guarantee of the life right of our citizens own a series of views. Mainly include:the right to life into the constitution, perfect legislation, the right to life into the constitution and the operation of the proposed unconstitutional censorship, etc.
Keywords/Search Tags:The constitution, A positive life, The right to life into the constitution, Unconstitutional censorship
PDF Full Text Request
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