What is important to life and the law? Life related laws

First of all, if you don't study law, you must have studied philosophy, and you must have taken the judicial exam.

Life and law conflict, how to choose. This is a false proposition. This is a person who has taken the judicial exam, and he does not study the Fa for a day, nor does he understand the Fa, but only knows that he is "making the Fa" there every day.

This is a brain teaser and is suitable for 4-6 year olds. It is the same as your mother and your wife falling into the water at the same time, which one you save first.

The relationship between life and law is understood in this way:

The law is the law that protects life, and the law is the law made by the people who are endowed with life, in order to protect the life and rights of the collective people. When harm occurs, the law protects people's legitimate right to life to the greatest extent, and the country's constitution and laws have made clear provisions (such as legitimate defense in the criminal law, citizens' exercise of unlimited self-defense rights, etc.).

The value of life lies in the rights granted by law, including personal rights (right to life, right to body, right to health, right to name, right to name, right to reputation, right to portrait. The right to identity includes parental rights, spousal rights, kinship rights, and honor rights. ), property rights (property rights, creditor's rights), etc.

And the law is precisely the beneficial guarantee for the realization of these rights.

In the relationship between man and the law, man gives the birth of the law, and the law in turn protects the legitimate existence of man. They are interdependent.

People are bound by the law, and at the same time, in order to meet the needs of different ruling classes, people adjust or abolish the parts of the law that are not conducive to people's needs.

Before the law, people are not only the holders of rights, but also the objects of punishment by the law.

This is actually not contradictory, first of all, you should call the police for help, find a way to stay away from **, drink the thief's behavior (let him stop at **,, but if the thief's head is okay, he should choose to escape), if he has further violations, such as climbing up, then he has threatened your personal safety, you can address him to climb up, of course, it is best to have witnesses around, or you use video to record, so that the thief fell and died is accidental homicide, and will be sentenced very lightly, basically no need to go to jail. (Of course, if the situation is critical, then you will definitely follow your instinct instead of asking in this post.) ）

The relationship between life and law is not as antagonistic as you might think, and extreme examples and tendentious analyses do not help to understand the problem.

Sometimes the law protects lives, sometimes takes them away, sometimes people break the law to save their lives, and sometimes they die defending the law.

You can have your own opinions, but you can't think that you alone are the truth.

The root of all evil in this world is the belief that there is only one truth, and that it is in one's own hands.

Personal feelings, to share with you.

To live is to use the law to protect your own rights and interests, the existence of the law is to better solve the problem for each living organism, so that it can live better, the two do not conflict, good luck.

The question itself is problematic.

First of all, law is a metaphysical thing, life is a metaphysical thing, and there is simply no basis for comparison between the two.

Secondly, the case you chose is not in line with common sense, since you are standing on the balcony, and the thief dares to come up and fight you?

In the end, even if you dare to come up and fight you, the thief should constitute a transformative robbery, and it should not involve the comparison of law and life, and it should be a matter of legitimate defense.

The law is only the bottom line of morality, and when our lives are threatened, the law will not make it difficult for others.

Legal analysis: The vitality of the law lies in its implementation, and the authority of the law also lies in its implementation.

Legal basis: Article 2 of the Constitution of the People's Republic of China All power in the People's Republic of China belongs to the people. The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.

In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.

The life of the law lies in the fact that the law can be believed, applied and obeyed by people, not in how precise and logical the legal provisions are. Any law is the entrenchment and culture of those rules, conventions and customs that people envy and abide by in the practice of social production and life, whether it is Anglo-American case law or civil law system, law is never "created". In the millennia of human history, the difference between those rules that are still alive today and those that have become history or are dead is in practice, not in logic.

The life of law lies in experience, and experience comes from practice. When we try a case, the most important thing is to ascertain the facts, and only when the facts are clear can we correctly apply the law to make a judgment. Whether or not the facts can be ascertained depends on experience that is far more effective than logic.

From the classic cases handled by Ma Xiwu, it is all the role of experience, and the jury system in the United States is using the experience of ordinary people to make judgments on the facts of the case.

The law is used to solve problems and resolve disputes, and what can really solve problems is not the rigid copying of legal provisions, but the determination of the facts of specific cases. The basis for the application of logical reasoning in law is the truth of the premise, and the truth of the premise cannot be provided by logic itself, but needs to be determined by experience. Holmes in Lochner v. New York

New York) case, it was written: "A general proposition does not determine a specific case. The results depend more on judgment and sharp intuition than on a clear premise.

When we discuss the issue of experience and logic today, we do not mean that we are "anti-logical", the importance of logic in law is beyond doubt, what we oppose is the formalism of "the supremacy of logic", and we regard law as an exact science like mathematics, a study that can only be mastered and applied by a few elites. In fact, the law is very ordinary, just like Ma Xiwu, the judicial pioneer of New China, who is with us ordinary people.

The vitality of the law is rotten and the law is being implemented.

If there is a law and it is not implemented, it is shelved, or if the implementation is not effective and superficial, then no amount of laws will be of any use. How to ensure that "the law must be enforced", only when the party governs according to law, administers according to law, leading cadres strengthen the rule of law thinking, promote various tasks on the track of the rule of law, and all citizens find the law when encountering problems, solve the problem of sensitive judgment, and resolve contradictions by relying on the law, can a good rule of law environment be formed and lay a solid foundation for the rule of law in China.

1. How to provide for the right to life, the right to body and the right to health in the Civil Code

Article 102 of the Civil Code of the People's Republic of China [Right to Life] Natural persons enjoy the right to life. The safety and dignity of natural persons are protected by law. The right to life of others must not be infringed upon by any organization or individual.

Article 1003: [Right to Body]Natural persons enjoy the right to body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the physical rights of others.

Article 1004: [Right to Health]Natural persons enjoy the right to health. The physical and mental health of natural persons is protected by law. The right to health of others must not be infringed upon by any organization or individual.

2. What is the right to life and health?

Citizens' right to life and health includes three categories: the right to life, the right to health of the elderly, and the right to body.

The right to life is the right of citizens to protect their life safety interests, which is mainly manifested in the right to protect life safety, and when others illegally infringe on their own life safety, they have the right to self-defense and request judicial protection in accordance with the law. Any unlawful act that results in the death of a person is an infringement of the right to life. Life is only once for us, with the most important value, life safety is the material premise and basic condition for citizens to engage in all activities, once life is lost, any rights are worthless to the victim.

We have the right to cherish life and maintain its safety.

The right to health is the maintenance of the health of the citizen, that is, the normal functioning of physiology. The right to a good state of mind. The content of health is mainly expressed in the right to health maintenance, and it has two meanings.

First, the right to maintain one's own health. Second, the right to safeguard health interests, when health is unlawfully infringed, the victim has the right to request judicial protection.

The right to the body is the personality right of citizens to maintain the integrity of their bodies The right to personality is the basis for the survival and development of individuals in society, and is a basic right in the entire legal system. The constitutions of all countries in the modern world have placed the protection of personality rights in an important position, and there are also provisions on special personality rights or general personality rights in civil laws.

The vitality of the law lies in its implementation, and the authority of the law also lies in its implementation.

Law enforcement refers to the activities of people actually implementing and applying laws in social life. There are three main ways to implement the law: law compliance (law compliance), law enforcement (law enforcement) and law application (judicial). The implementation of the law is closely related to the effectiveness of the law, which refers to the state and degree to which the law is implemented, and the actual embodiment of the law in people's actions and social order.