生命权和生存权概念辨析

Conceptual differentiation between the right to lifeand the right to subsistence

生命权和生存权两个概念在学术研究和社会生活中一直比较混乱地使用,应将这两个概念明确区分。生存权的内容主要是由国家经济法规来规定的,而生命权则主要涉及到国家刑法对死刑、种族灭绝、堕胎、安乐死等的规定。在使用这两个概念时,应当注意它们和国家权力之间关系的不同,生命权要求国家在它面前尽量保持一种消极的不作为的态度,而生存权则要求国家积极地作为以使其成为现实的权利。这样,我们才能把它们区别开来。

Conceptions of right to life and right to subsistence have been used confusedly in academic researches and social life. Now, it is necessary to differentiate them clearly and definitely. The content of right to subsistence is chiefly stipulated by a nation' s economic laws and regulations while the right to life involves matters such as death penalty, genocide, abortion, euthanasia, etc. stipulated by the nation' s criminal law. When using these two concepts, attention should be given to their different relations to state powers. Right to life requires the state to remain as much as possible inactive towards it, while right to subsistence expects that the state play a positive role to make the right realized. Only by so doing can they be differentiated.