Dissertation > Excellent graduate degree dissertation topics show

A Study on the Constitutional Protection of the Right to Life

Author: HuoHuiChao
Tutor: YuZhiHong
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Right to life Constitution guarantees Judicial Review Constitutional Culture
CLC: D921
Type: Master's thesis
Year: 2010
Downloads: 142
Quote: 0
Read: Download Dissertation

Abstract

This paper will mainly study the following questions:Firstly, in regard to the basic problems on the right to life, this paper will analyze in terms of concept, nature, characteristics and ascription. During the discussion of the concept for the right to life, the author considers that the right to life is equal to the rights of natural persons to live i.e. natural person has the right to sustain life and inviolable right of life safety and benefits. In nature aspect, by summing-up several of views of scholars, the author conceives that the right to life should be defined as an independent personality right which contains right of control to some extent. With regard to characteristics of the right to life, this paper will approach the theme from different angles such as:innateness, universality, fundamentality, equality, non-substitutability, irreversibility. The last part of this chapter is to discuss the ownership of the right to life which refers to who on earth ought to be entitled to the right to life. To make a clear distinction on ownership is helpful for us to resolve some puzzle issues such as suicide, euthanasia and other issues in theory. This paper will conclude that the proper ownership of life should be shared by individuals, nation, direct relatives and someone who is supreme importance to life, on the basis of critical analysis of several erroneous views.Secondly, this section mainly deals with the connotation of constitutional protection on the right to life. As the guiding law of the various departments, Constitution plays a fundamental role in legal field. By its special status and function, the constitutional protection on the right to life distinguished from other forms of Guarantees. Therefore, constitutional protection on the right to life is a basic protection as well as the highest form of guarantees. Lenin said:"The Constitution is a paper which written with civil rights." How does this uncommon paper raise the higher level from written words to tangible civil rights? Indeed, it requires the implementation of the Constitution. Therefore, the right to life guaranteed by the Constitution is not merely put the right to life into the constitutional text, what’s more, it can be achieved in practice.Thirdly, it is about the necessity of the right to life guaranteed by the Constitution. The right to life is the basis of all human rights, without the right to life, there can be no human rights. As the first human right, the right to life stands on a basic position. And as the fundamental law of state, Constitution plays a non-substitutable role in protecting right of life. In order to highlight the importance of the right to life, there is a need to put right to life into the scope of Constitution. Because of the lacking guarantees on right of life, a crack is emerged among Constitution, legislative, judicial and law-enforcement, resulting in inefficient Constitution guiding. From a global point of view, the right to life into the constitution has become a justice and rational trend which embodied the progress and humanization. Currently, the right to life into the Constitution is an urgent requirement to protect the right to life. Behind these aching legal cases which we encountered in reality, the strong voice of the Constitution the right to life is where the popular will inclines.Fourthly, this section aims at analyzing the current situation of protecting right of life in China. It begins with an analysis of the relevant provisions of right of life. Through the reasoning, numerous provisions of our Constitution could link up with the right to life. Nonetheless, any right cannot replace the status and connote the supreme meaning of right of life. In the departmental laws, this paper tries to analyze the provisions which related with right of life viewing from different angles such as:civil law, criminal law and administrative law, and then point out its existing problems. Eventually, we can find out the core solution returning back to the right of life from the people’s thinking concept, education concept and social practices.Fifthly, this paper tries to give some suggestions on the existing problems of constitutional protection on the right to life in China from the perspectives of Constitutional system, departmental laws installation and Constitutional culture. In the area of Constitution, this thesis advocates the right to life as the fundamental rights of citizens in Chinese Constitution, and it should be further improved the judicial review system in order to ensure the effective protection of the right to life. In regard to the departmental laws, we’d better to establish a unified standard of compensation, eliminating the unfair phenomenon of "the same fate labeled with different price" by establish and improve further restrictions on judicial review system. Meanwhile, imposing a stringent confine on death penalty is further defined. With regard to constructing a humanized Constitutional culture, this paper calls for Constitution and right of life centric idea, we do believe, with the support of the whole society, the right to life will eventually receive its due dignity and rightful position.

A Study on the Constitutional Protection of the Right to Life

Abstract

Related Dissertations