The right to life is a right that citizens enjoy according to law. Life is the material premise for citizens to exist as subjects of rights. Once the right to life is deprived, other rights cannot be discussed. Therefore, the right to life is the most basic personal right of citizens. Protecting citizens' right to life from illegal infringement is the primary task of our law. The right to life is a personality right with the content of natural person's life maintenance and security interests.
The priority of the right to life is as follows:
1, defense of the right to life, in order to preserve the right to life, natural persons have the right to emergency avoidance and justifiable defense. Even if the property rights and personal rights other than life rights of others are infringed, the actor even enjoys unlimited defense rights against illegal infringement that endangers the right to life. In an emergency, defensive measures can be taken to cause the death of the illegal infringer;
2. This is an irreducible right, and the right to life is an irreducible right, which cannot be restricted or levied even for the public interest or in an emergency;
3. The victim's consent is invalid. In order to maintain the principle of party autonomy as the fundamental principle of private law, the victim's consent can generally be used as a reason to prevent the violation of the law, and the actor's responsibility can be exempted. The victim's consent to the right to life usually has no legal effect.
Article 110 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons have the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 990 The right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 102 Natural persons have the right to life. The life safety and dignity of natural persons are protected by law. No organization or individual may infringe upon the right to life of others.
Article 105 When a natural person's right to life, body and health is infringed upon or is in other dangerous situations, an organization or individual with legal obligation to provide assistance shall provide timely assistance.