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Analysis on the Human Dignity of Citizens Protection

Author: HeFengJun
Tutor: TangZhongMin
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Personality and dignity Fundamental right Right of personality Publicpower
CLC: D921
Type: Master's thesis
Year: 2012
Downloads: 25
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Abstract


This paper is divided into four parts:The first part, about dignity connotation and historical development. First of all, thedignity of human personality definition, analysis the meaning of the Constitution andthe civil law dignity of personality right of the respective connotation, and to compareits two level difference. In the constitution of the dignity of human personality is thebasic right of citizens, the constitution is the highest value, especially in therelationship of nation and human, human is the purpose, the civil law on the right ofpersonality to the dignity of man as the basis, and it is in the civil law has been theembodiment and security, mainly belongs to the category of private law, often refersto the civil subject qualification or subject itself. In two potential tort subject, status,rights and protection from four aspects such as the existence of different. The dignityof human personality development history, since ancient Greece, has gone through along historical process, in the post-World War II really are important.The second part, speaking for the personal dignity of citizens of foreign theory andpractice, mainly speak German, American, France and South Korea each of the fourcountries for the dignity of provisions and protection methods. Foreign personaldignity of this concept, commonly known as the dignity of man. German citizens areprotected by human dignity, walk in the forefront of the world, whether the provisionsof the basic law or judicial practice protection, reflect the dignity of man ’s attention;the United States of America successful constitutional system and judicial system tothe citizen basic right to give effective protection, although not to the dignity ofpeople doing direct regulation, but in fact the protection is in place; the South Koreanconstitution will human dignity as the highest value, and through a variety of avenuesfor protection, especially the establishment of specialized organs for the protection of human rights--the National Human Rights Commission; the French constitution,human dignity as a constitutional right, constitution committee through a largenumber of case reaffirmed the principle of people to promote the protection of dignity.The third part, our country has contempt for the dignity of human personality forcontemporary caused great impact, and the current legal system for its provisions andprotection of existing problems and deficiencies. Confucian Thoughts on theinfluence of traditional Chinese culture, Confucian rite is the rank system service, theidea of hierarchy in our dignity to despise, still there are vestiges of, especially by thepublic power of act recklessly and care for nobody. China’s constitution stipulates thedignity of human personality terms, in a number of departments and street law alsomade relevant provision, but the existence question and the insufficiency, leads to thecitizens in the encounter the dignity of human personality infringement makes itdifficult to seek effective relief.The fourth part, in view of our country on the personal dignity of citizens ofinadequate protection present situation, bold put forward solutions. The first is theconstitutional legislation to the dignity of human personality in terms of early,prominent personality dignity of core value, and by explaining the constitutionconfirmed the dignity of human personality in terms of a prominent position; second,use of the judicial process, strengthen the dignity of human personality constitution,constitutional provisions applicable to judicial proceedings, the constitution is not amere scrap of paper; third, with reference to foreign models, the establishment ofspecialized organs for the protection of human rights; fourth, improving the personaldignity of citizens right consciousness, actively participate in the public powersupervision.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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