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生命权和生存权两个概念在学术研究和社会生活中一直比较混乱地使用,应将这两个概念明确区分。生存权的内容主要是由国家经济法规来规定的,而生命权则主要涉及到国家刑法对死刑、种族灭绝、堕胎、安乐死等的规定。在使用这两个概念时,应当注意它们和国家权力之间关系的不同,生命权要求国家在它面前尽量保持一种消极的不作为的态度,而生存权则要求国家积极地作为以使其成为现实的权利。这样,我们才能把它们区别开来。
The two concepts of the right to life and the right to life have been more chaotic in academic research and social life, and the two concepts should be clearly distinguished. The content of the right to subsistence is mainly regulated by the national economic laws and regulations, while the right to life is mainly related to the provisions of the national criminal law on death penalty, genocide, abortion, euthanasia and so on. In using these two concepts, attention should be paid to the differences between them and the state power. The right to life requires the state to try its best to maintain a negative attitude towards negligence before it, and the right to subsistence requires that the state be active in order to make it Become a reality right. In this way, we can distinguish them.