生命权的新概念

A Refreshed Concept of the Right to Life

传统生命权属于消极意义上的自由权体系,目的在于抵制国家专断剥夺个人生命,新的生命权概念在保持传统属性的同时又注入了新的内涵,一些社会权被赋予自由权属性从而获得司法保护,诸如住所权、医疗健康权、劳动权、环境权、受教育权等权利因与生命质量相关联而被重新解释。这是各国法院努力的结果。该进程于客观上改写了生命权概念,使生命权保护责任由国家扩及私人组织,产生了基本权利的水平效力,社会权借助自由权外壳获得了司法上的承认。对该问题的研究有助于中国在公共政策制定过程中加强弱势群体权利的法律保护,增进社会和谐。

Traditional right to life belongs to the negative system of liberty rights against the state that arbitrarily deprives individual life. Its refresined concept has been increased while holding the old nature. Some social rights have gained the judicial protection, such as the right to live, right to medical and health care, right to environments, right to education that have been reinterpreted because of being related to the quality of life. It is the end of the work of every country＇ s court. This has reshaped the concept of the right to life, extended the li.ability from state to private organization, and produced the vertical effect of fundamental rights. Social rights have also gained judicial recognition depending on the liberty rights. Research into this topic will help us reinforce the legal protection for weak groups in creating public policy in our country as well as promoting social harmony.