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物权立法与权利保障论文
microscopic aspect the life, the freedom, the democracy as well as the personal
dignity which enjoys with our each person and so on the basic right also is closely
linked. Therefore, this article carries on as to the related real right legislation and
the right safeguard relations the discussion, and takes this as the foundation, in
view of our country reality of laws in related right safeguard insufficient test
simple analysis, and puts forward the consummation correlation legislation
proposal. About the full text 20,400 characters, the altogether three parts, its
primary coverage is as follows:
First part, real right human rights value. The life power is the most important
right which the human enjoys, it is the human enjoys other right premise and the
foundation, the life power is supreme, and it should be higher than other all human
rights in all human rights status. Anybody all cannot deprive other people life
power willfully, even if ten wicked does not ford the human, the law needs to give
the another place by the capital punishment, also must pass through the strict
procedure. Once because the life power is deprived is unable to obtain the relief.
Although like this, but does not have the real right (property rights) to take the
material base the life power on the water without a source, does not have seedling
of likely the root. Therefore, the life power must take the real right as the safeguard.
Ancient cloud: The granary solid knows the courtesy, the food and clothing knows
the honor or disgrace fully. A person only then has solved the food and shelter
problem, only then possibly a deeper level considered whether oneself also should
enjoy the democracy, the freedom, the equality and the personal dignity and so on
other Basic rights. Therefore, all human rights all must take the real right (property
rights) as the physical conditions and the foundation
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