생명권에 관한 한국과 중국의 비교법적 고찰

= A Study on the Right of life in Korea and China

• 저자[authors] : 정금지
• 발행사항 : 청주 : 충북대학교, 2010
• 형태사항[Description] : 99 p. ; 26 cm.
• 학위논문사항[Dissertation] : 학위논문(석사)-- 충북대학교 대학원 : 법학과 2010. 8
• KDC[Korean Decimal Classification] : 360 5
• 발행국(발행지)[Country] : 충청북도
• 출판년[Publication Year] : 2010
• 소장기관[Holding] : 충북대학교 도서관 (243009)

초록[abstracts]

Right of life is a right extended in meaning of human’s lives including all rights belong to human. It is not only one kind of human rights but also the most important one. You won’t indeed enjoy right of life if it isn’t protected by law, so something such as freedom, human rights which required for living will be meaningless. In addition, in modern constitutional state countries such as Germany and Korea, right of life is protected in various forms in that it is more valuable right than other human rights. Right of life is express term in paragraph 2 of article 2 in the Federal Republic of Germany of the fundamental Law. As another example, in current Korean Constitution although right of life is not expressly stipulated, but it has been protected in form of constitutional interpretation through Constitutional Court in Korea.     In China, right of life is not taken seriously. Consciousness of right of life of Chinese is weak, and the protection of right of life is not enough on Chinese law. So far, right of life is not still protected on Chinese Constitutional Law, so still have a long way to go for protecting right of life in China. In this respect, it has been done well in Korea than in China. On Korean law, some laws and regulations have been formulated for protecting right of life. For example, some legislations about death penalty, abortion, euthanasia and some legislations about life ethics question to appear to follow the development of life science such as artificial fertilization, clone man are more advanced than in China. So there are many experiences to learn from Korea.     So, firstly, this article investigate basic concepts of right of life. Nextly, after investigating interrelated theory and legislation about right of life in Korea and in China, also contrasting the same points and difference points on protecting right of life by law between Korea and China. Finally, some suggestions have been suggested on perfecting the law of right of life in China.     First, strengthen the awareness of right of life.      Second, specifying national public power for protecting right of life. National public power can protect national right of life, at the same time, it also can encroach the right of life. Something have happened in China that encroached right of life. So, for protecting right of life well, should regulate national public power effectively.     Third, China should protect right of life by the Constitution in way of constitutional interpretation same as Korea.     Forth, perfecting legislations for protecting right of life. This article to table a proposal of perfecting legislations for protecting right of life from the following aspects: ① Perfecting legislation for death penalty system. ② Legislating for abortion, euthanasia. ③ Legislating for life science.     Fifth, establishing relieving system for right of life. This system equal to judicial review system. Although there is judicial review system in China, but it doesn’t wok well in fact. So china wants the right of life protected by a genuine, should establish the legislature judicial review system.