The right to life and the law of the Constitution

Paper Keywords: right to life, the Constitution, the right to life and security, limited control over the life of the interests of

Paper Abstract: The protection of the right to life is not to be clear of the current constitution is a major shortcoming. The right to life is the most fundamental constitutional rights, the right to life no other rights are out of the question, the right to life protected by the Constitution need is self metaphor. the right to life issue involves the death penalty, defense, terrorism and counter-terrorism, war and anti-war, suicide, euthanasia, abortion, family planning and other areas, need to criminal law, Civil law, compensation law, family planning law, international law, etc. a series of sectoral laws to regulate and resolve. the right to life Zairu Constitution protected the right to life of other departments are based, are forming a legal framework protecting the right to life of the premise.


First, the case studies
Case Thinking: l1 21, 2007 around 4 pm, a hospital in Beijing, a pregnant woman dying in childbirth by her husband to the hospital, in the face penniless pregnant women, the hospital decided to free hospital treatment, and its her husband refused to come with caesarean delivery in the hospital to sign a single, anxious doctors, nurses do nothing, the hospital tried to contact other relatives of the pregnant women to consult higher authorities, "one relative refused to sign the emergency surgical cases, Can surgery "are unsuccessful. 3 hours after the rescue, pregnant women died.

The author believes that ignoring the right to life is an important reason for causing this tragedy. The right to life is the highest interest, without the right to life, all other rights to speak of. In our country, this - the right to not cause significant sufficient attention has not been guaranteed by the Constitution, it is the law have to say sorry! occurred in recent years against the right to life events too numerous to mention. mine accidents have occurred, "SARS", the avian flu emerging diseases that cause death, the injustice of death penalty when not. It all citizens the right to life and protection of the inadequacies and imperfections related. Human life is one reason why the man went on to become the fundamental premise of legal subjects, so The right to life of all other human rights have become a prerequisite and foundation. the right to life since the 18th century, the Constitution established the United States since the world has been recognized in many national constitutions, and manned a number of international human rights conventions. but because of our Constitution There is no express provision the right to life, right to life position in our Constitution can only be counted - implied rights, which guarantee the right to life is extremely unfavorable. Therefore, I believe that in the future to further revise and improve the process of our Constitution right to life should be first into the constitution, the protection of the right to life as quickly as possible mechanisms.

Second, the connotation of the right to life
"The right to life''aside from the Western concept of human right to life is the first human rights the right to life means a natural person is not illegal, arbitrary deprivation, only a" right to life and refuse to harm ", meaning a negative, conservative, value is limited. This is the historical background of great relationships. that time, the utter misery, the widespread disregard for human life, especially the two world wars, but also to arbitrary deprivation of human life by an unprecedented condemnation of acts, so many World War II Constitution of the country have established international human rights conventions of life of citizens has the right to refuse unlawful infringement of the sacred. But to 70,80 the last century, when the rule of law and Civilization has become the mainstream of world development, the phenomenon of life, any violation decreased a lot, the human there have been many unprecedented social and life-threatening disasters, especially "man-made", such as the cult popularity of the existence of the nuclear threat, the spread of drugs, production safety accidents continue, construction projects increased security risks, the widespread use of highly toxic industrial products, consumption of agricultural products poisoning incidents occur, and so, these modern "man-made" hazards of life of citizens has been far more than a "natural disaster" indiscriminate murder death penalty criminal cases and judicial life of the citizens of the dangers. Thus, the only citizens unlawful infringement of the right to refuse life, has been unable to preserve life, "Citizens should have the right to life, relief of distress," the voice came out. because "no relief on the day of Uncle Lee" has become the consensus of their citizens. At the same time, 80 of the last century s international human rights legislation, the emergence of the so-called''third-generation human rights ", one of which citizens" the right to receive humanitarian assistance. "refers to all human groups in time of need has a right to assistance from the international community. For example experiencing epidemics, famine, earthquakes, floods, typhoons, avalanches, volcanic eruptions and other natural disasters and mass migration, refugees and displaced persons, or similar mass gathering events are not given timely and necessary assistance will cause a large number of human deaths consequences to the international community in a timely manner a helping hand. particularly in the assistance mission has been beyond any single country or a certain aid agencies (such as the International Red Cross or the United Nations Disaster Relief Office) of the capacity of the more various aspects of the international community of great assistance.

The core of the right to life safety .- a good government, at first, is - overall responsibility for the safety of the people's government - a cherished citizen legislature the right to life shall be protected reshape the traditional concept of the right to life, with the times simultaneously address the harm their "safety" factor, attention to their "safe" level, for its "security" measures. In my opinion, the modern meaning of the constitutional right to life of citizens should be the traditional "right to life and refuse to harm ' extended to "life, the right to refuse to harm" and "right to life, relief of distress," the unity of (the right to life and safety is one of both), the right to life extends to before the crisis after crisis, the right to life, protection of life from a negative view of the transition positive outlook to life and protection. So I believe that is simply the right to life of each person. has the right to live safe, specifically refers to natural persons in order to maintain continuity for the content of their life, to life and safety as the core of life as the object of interest right, that is each person's life are equally protected by law, and no organization or individual illegal infringement or denial of rights.

Third, the right to life of the system architecture
The right to life from a general personality right, it's most important feature is: the object of the right to life right to life for a life of interests and ability to blend the right of the main body. Therefore, the meaning of the Constitution the right to life should be - a complete system of rights. The composition of the right to life (content), the academic consensus has not formed a unified, there are several ideas as: the right to life includes the right and claims of self-defense, the right to life includes the right to life and security maintenance, right to judicial protection and life the interests of domination. Although this view have merit, but there are also disadvantages: the right of self-defense is not the content of the independent right to life, but to maintain the safety of the specific content of the right to judicial claims and security interests are preserving life derived rights, fundamental rights must have content. Therefore, I tend to divide the contents of the right to life, the existence of the right to life, right to life and security interests and limited control over life.

1. Subsisting rights
Life and survival of the right to a natural person to keep their lives in accordance with the laws of nature subsisting rights. Continuity of life is the body's normal function, but also a natural phenomenon. Illness and death is a natural irresistible law. The law right to life, including life, subsisting rights not ensure that everyone. Are immortal, but to protect human life against the illegal alien is not due to the loss. The essence is to prohibit illegal deprivation of the lives of others. A higher level of life should also include the right to existence, when human life by disease and other non-human factors, problems and the danger of losing the right to receive medical treatment and assistance as possible. Note that the existence of the right to life, protection of human life extension, not by raising the level of physical Health and extended life, this is the content of the right to Health .

2. The right to life and safety
The right to life and safety law is to exclude or to avoid danger and threat and restore normal life to the existence of the security situation should have the right to the core of this is the right to life, including the right to defense, and relief rights (also known as protection claim). Defensive Right means that when illegal acts against life and the life-threatening danger occurs when the victim has the right to take defensive measures to prevent the occurrence of life-threatening results. It is for the first act against the life of a defense or resistance. relief rights, some scholars have called the "Protection of Claim" means the right to life was violated when the natural protection of the right to make a request to the state to get the necessary relief. When a particular danger to life environment, but the danger has not yet occurred , the life of state organs shall be entitled to request to change the environment, eliminating the danger. When asked the segment from the speaking, this is something in advance and protect the claim. protect the right to request the other - of important content that is requested judicial relief to life damage, this is the right to life of a violation of a legal remedy. is the protection of the right to life afterwards. However, the right to life in the event of damage, the loss of life, the qualification of people lost the right to life. Therefore, the request judicial relief the damage of life right to life is actually a close relative of the owner or heir exercise. reposted elsewhere in the Research Papers Download http://www.hi138.com 3. Control over the interests of the limited life
Control over the interests of real life, right to life, vest on who is right to life, whether in full possession of control over life? This regard, it is difficult to make full answer if the answer has the right to life, there is the following paradox: from a life cycle perspective, person's life be long or short, this can not be determined by me, but there are some unexpected events, such as a car accident. major security incidents, and sometimes both can not be predicted and can not control, retain the death penalty, and sentenced for committing criminal criminals to death, their right to life belongs to the State. the death penalty existed in any country, the death penalty from the blood of revenge. Marx once said: the death penalty is to the ancient blood for blood, the performance of revenge with the state. numerous legends and studies show that all species on Earth are in some stage of its development is to rely on the system of blood revenge, in the primitive society for thousands of years to implement the system of blood revenge, there have been early peak and the final of the points, in order to revenge the blood of white. Spoon end is the death penalty system as a national production of ridicule. Early death penalty system and more meaningful with a vengeance. Beccaria In "<On Crimes and Punishment>> pointed out:" excessive use of capital punishment has never been evil people change from the good. 'a useful basis for the death penalty and justice was questioned, advocate the use of long-term hard labor to replace the death penalty. Since then, people have been keeping the death penalty in the degree of controversy the issue, but this is not the issue discussed in this article, no matter what, the death penalty still exist in today's society. Although the world abolished the death penalty through the legislative process more than half of the country, but there are a small half of the countries have not abolished the death penalty.

If I do not belong to the right to life of all, what will the following paradox: The first suicide. That the right to life of people end their own lives. As to the drug, with the sword, hanging, drowning or any other means, then do not ask. If the right to life people have control over life, should include suicide, but suicide does not meet the ethical requirements, but also against the social value. Christian theologians believe that God created man is E, the Ministry of every human life is God, suicide is contrary to God's will is a crime. people will commit suicide the provisions of a crime, attempted suicide can be punished occasions, if accomplished, how to apply penalties, even if the community to take a series of measures to prevent suicide, can also said to be guarded against. According to the Japanese Health Ministry survey showed that in 1997 alone, there were 23,500 suicides in Japan in recent years has fluctuated in the 3 million people, suicide has become the sixth leading cause of death in Japan. Secondly, acts of devotion. for the country collective, or the interests of others to come forward and courageous of human society to promote and encourage the noble act, then right to life, the right to govern their own lives. Third euthanasia. is suffering from a terminal illness for patients dying , in order to eliminate the physical anguish, by himself or his relatives request early medical methods used by doctors to terminate its existence, to euthanasia to the behavior. its strict constituents. From the above we can see that people can not fully has a life interest dominance, is not completely control over life and interests, but rather the interests of limited control over life.

Fourth, the need for the right to life into the Constitution and Regulation
1. Right to life, the Constitution will need to
(1) the Constitution is to protect the human right to life safety of our citizens real needs. In real life, disregard of life, against the phenomenon of life are still many. Every year in the coal mine in China, tens of thousands of deaths in traffic accidents. Which Most accidents are accidents, is not seriously concerned to perform their duties, not the lives of citizens caused by the first place. can be seen, the right to life of people the constitution, setting the whole society lives consciously protect life is a priority.

(2) constitutional right to life of people is to improve the needs of our current constitution. Precisely because of the extreme importance of the right to life, so many countries of the Constitution clearly states: "without due process of law, shall not be deprived of life, liberty, or property . "Twenty-four Portuguese constitution states:" One, two inviolability of human life, the death penalty when necessary. "of the current constitution does not provide the right to life, have to say that our Constitution and the constitution of a gap around the world. To i tongue should be the trend of the world and improve our current constitutional Constitution, our country should be provided as soon as possible for the citizens right to life - the basic rights.

(3) constitutional right to life of people still need to implement international human rights. To respect and protect human rights has become a norm of international law, basic Civil rights under the international trend is showing. <"World Convention on Human Rights>> the right to life as human rights in the first right. our government follow the international trend in the October 5, 1998 signed the <<Civil and Political Rights,>>, the NPC Standing Committee ratified the international human rights conventions is a matter of time. At that time, the implementation of <<Civil and Political Rights, every I is our government's obligations. In order to meet the future implementation of the signing, especially <<Civil and Political Rights>> needs, we should take the initiative to revise and improve the existing constitution, the clearly defined right to life for our citizens - the basic rights.

2. Constitutional right to life of citizens when the regulation
The author's vision is, in the "basic civil rights and obligations" of Chapter 1, after (article 1 for Chinese citizenship and equality), the addition of a provision separate states: "The lives of citizens by the PRC legal protection. "(paragraph 1)" against illegal or arbitrary deprivation of life of citizens, civic life, to prohibit any act of contempt. "(paragraph 2)" citizens because of disasters, accidents and other causes of distress and are unable to help themselves in life, there is assistance from the state and society's rights. "(paragraph 3) In order to prevent people from understanding and implementation differences, the error can be introduced in the constitutional amendment, by the NPC Standing Committee on the terms and make clear the meaning of the Constitution explanation. one of the "illegal or arbitrary deprivation of civil life", could be interpreted as: including torture, defended the emergency excessive, abuse and destruction of prison personnel and the deaths caused by the death penalty inappropriate events. which The "disaster" could be interpreted as: infectious disease outbreaks caused by Health hazards, drinking water, food, livestock and property by radiation, toxic materials and other serious pollution caused by environmental hazards, earthquake, flood, fire, etc. caused natural hazards. one of the "accident" could be interpreted as: industrial accidents, safety management accidents, accidents of life. "inability to self-help" could be interpreted as: the victim is incapable of self-life-threatening medical condition or medical treatment after the inability to pay costs. Links to Research Papers Download http://www.hi138.com