The right to life means that the life safety and dignity of natural persons are protected by law, and no organization or individual may infringe upon the right to life of others. The right to health means that the physical health and mental health of natural persons are protected by law, and no organization or individual may infringe upon the right to health of others.
The right to life and health refers to the natural person's right to maintain life, safeguard the interests of life safety, normal physiological function and safeguard health interests. Life is the highest personality interest of natural persons and the basis of other personality rights and interests. Health takes the body as the material carrier, which destroys the integrity of the body and usually leads to health damage. Those who violate the right to life and health shall be given property and moral compensation to the victims or their families.
The right to health means that citizens keep healthy, that is, the normal operation of physiological functions. The right to have a good mental state. The content of health is mainly manifested in the right to maintain health, which has two meanings. First, the right to stay healthy. Second, the right to safeguard health interests, when health is illegally violated, the victim has the right to request judicial protection.
According to the law, if a citizen's right to life and health is violated and his body is damaged, he shall compensate for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. If a natural person dies due to tort, or his personality and body are infringed after death, and the spouse, parents and children of the deceased bring a lawsuit for compensation for mental damage to the people's court, their spouses, parents and children shall be listed as plaintiffs; If there is no spouse, parents or children, other close relatives may file a lawsuit and be listed as the plaintiff.
legal ground
Article 104 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights 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.