The right to life and health is a kind of personality right. Divided into the right to life and health. The right to life is the premise of citizens' existence as human beings and sovereignty as rights, and it is also the basis for citizens to exercise other civil rights. Whoever intentionally or negligently deprives others of their lives shall bear corresponding criminal and civil liabilities according to the circumstances; Acts that seriously harm the health of others are generally subject to criminal sanctions, with civil compensation; Generally speaking, civil liability should be borne for minor injuries or injuries that are not investigated for criminal responsibility according to law. The existence of life and the enjoyment of the right to life are the highest personal interests of everyone. 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 keep healthy, which has two meanings:
1, the right to keep yourself healthy;
2. The right to safeguard health interests. When health is illegally infringed, the victim has the right to request judicial protection.
China's Civil Code stipulates that the right to life and health includes:
Citizens enjoy the right to life and health, including the right to life, body and health.
1, the right to life, that is, a citizen's life is protected by law, and if he illegally deprives others of his life, not only shall the infringer be investigated for criminal responsibility, but also the infringer shall bear civil responsibility;
2. Physical rights, where citizens' health is directly damaged, they should bear the related medical expenses and other related expenses;
3, the right to health, for violation of the environmental protection law and the neighboring legal norms, pollution, noise, vibration and other acts that endanger the health of others, even if there is no obvious harm to a part, it should also bear civil liability.
To sum up, protecting one's life from illegal infringement is the first and most important human right of citizens. The right to health, also known as the right to physical health, includes both physical and mental aspects. During the existence of life, citizens must maintain the integrity of human tissues and the normal functions of human organs, otherwise they cannot participate in civil activities with their own actions. Citizens' right to life and health is protected by criminal law, civil law and administrative law.
Legal basis:
Article 990 of the Civil Code of People's Republic of China (PRC)
Personality right is the right to 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.