Legal Protection of Citizens’ Right to Subsistence in China
|School||Dongbei University of Finance|
|Course||Constitutional and Administrative Law|
|Keywords||Right to subsistence Right to life Right to environment Right to development Right to property Right to social security|
Since the founding of New China, the world once accused China is a country, no human rights.As the system of human rights core rights,right to subsistence,is few rights attention. A word seem right to life in the "constitution" and do not have this right regulation, and as we know, the right to education, labor to social security, compared with the livelihood of the people in the life seems to be very far. In 1991, the state council issued by the China’s human rights situation white paper "rights as human rights system will be an important part of the Chinese pulled into perspective. In the white paper,the human rights situation, for the first time, China life is put forward the primary human rights in China.lt is clear that the rights in human rights system is on the key position.Academic research on both theoretical research of subsistence level or practice is not perfect. Domestic scholars for much of the research is right theory research, from the historical development of the right to subsistence and concept, properties, characteristics of life, most scholars views conformity, the research results very few. How to define the rights for academic meaning has not yet reach a unified view, to sum up the main from two aspects, narrow and broad definition life, but no matter how to express the core is the lowest guarantee citizens living standard. Some domestic scholars put forward the advice of life in the constitution, but today still no right to appear in the constitution, to this, the author and useless words too much discussed the problem, right in the constitution or not is not very important, the real life citizens and what is ignored, didn’t get to protect, explore how to protect citizens’ existence is the most important. And some scholars focus on research of the right to life related theory, because the foundation of the right to life is right content, the premise is the right to life natural continuation, so study of the right to life theory, for the right to further explore the theory there is a profound significance, the most domestic representative scholars is ShangGuanPiLiang professor, he once made on the constitution of the right to life, the constitutional guarantee of the right to life the theoretical basis of research, and the constitutional guarantee of the right to life of the article, the author clone, the death penalty for such as waste legal protection of the right to life puts forward new solutions. Shandong university professor XuXianMing to have a further study life theory, in the 1990 s has put forward the contents of modern life, the right of life and history, compared The Times facing a new problem, modern life are given new meaning and content, such as food and clothing problems people seek after the solution of high quality of life, the right to further development; Because of the rapid development and influence on the ecological environment and human health and the crisis life to suppress economic development of. This paper the professor xu to the division of life content, and formed a new civil rights content system. Foreign scholars rights theory research of the most obvious, be domestic scholars quoted is what most of the Japanese scholars DaXuHe Ming professor, his masterpiece, the rights of right to the study of history, comparative and empirical research provides us with the best way to study, the right to request as specific right to explore how to protect citizens’ existence has opened up a new path, will be the legal protection of citizens’ existence further and reality close.In recent years, Chinese society as the market economic system reform, the transformation of social stratification is exhausted, the rapid economic development of ecological environment to bring huge pressure, make no matter of individual rights in natural health of body and mind or a social economic, political and cultural aspects of the influence of the increasingly prominent. When citizens’ existence threatened, the more in the current national constitutional government inspection and the legitimacy of the; And when national independence and live a problem, the survival of the people, it’s hard to have security. These questions to our final resting the right of life on the legal system. Our country citizen rights legal system has not been set up, mainly due to the rights theory system in China is not perfect, in the absence of the theoretical framework, talking about the establishment of the legal system is no root, like wood. For civil rights legislation safeguard is mainly to use for reference foreign three legislative model, and find out a suitable for the present situation in our country of citizens’ existence of legislation mode. In addition, the author puts forward the concept of civil rights, rights protection of state power will be specific to social rights. Citizens of the right to limit the right to life and the concept of life will distinguish from the obvious, avoid long life and the confusion of the right to life theory. The classification of domestic constitutional jurisprudence reference materials, the right to life and property rights, will the environmental right, development, such as social security rights of citizens’ existence into the content, and the right to protection of citizens advice put forward a right protection of citizens’ existence, according to its citizens’ existence content classification for specific right, breakdown perfect the basic right of citizens, in order to open up a new way to protect citizens’ existence.