On the Right to Life in the Constitution
Shangguan Pi-liang
Abstract
Shangguan Pi-liang
Abstract
The character of the right to life in constitution is different from the right to life in the civil law.The later is a private right,only defend the infringement of the private,but the former is a public right, can defend the infringement of the public power.The protection of the private law to the right to life has many limitations.We should provide the right to life in our constitution,build the constitutional protect mechanism of the right to life.Today,the function of the right to life in the constitution have developed to claim country protect positively,but not deny the defend function.The constitutional protection of the right to life is not only that the right to life being provided in our constitution,its key is judicial application of the right to life.
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The character of the right to life in constitution is different from the right to life in the civil law.The later is a private right,only defend the infringement of the private,but the former is a public right, can defend the infringement of the public power.The protection of the private law to the right to life has many limitations.We should provide the right to life in our constitution,build the constitutional protect mechanism of the right to life.Today,the function of the right to life in the constitution have developed to claim country protect positively,but not deny the defend function.The constitutional protection of the right to life is not only that the right to life being provided in our constitution,its key is judicial application of the right to life.
Key concepts: Constitution, Right to life, Exclusive right, Constitutional right, Law, Public life, Political science, Power (physics)