人身不可侵犯作为跨部门的法律范畴

Valentina S. Nikitina
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引用次数: 0

摘要

人身不可侵犯的概念在现代法律规制中被认为是一个复杂的跨部门范畴。本研究研究了规范性法律行为和科学著作中关于不可侵犯性概念的规定及其与其他类似概念的关系,并对个人概念的不可侵犯性提出了一个全面的定义,其中除了个人的个人生活外,还包括与个人发展直接相关的无形物体。此外,还详细区分了不可侵犯性和豁免概念。作者的目的是证明有必要从所有法律部门的角度研究不可侵犯性的概念,并注意在每个法律领域对人的不可侵犯性进行规范的特殊性,并分析其保障和机制,其非绝对性质及其实施的限制。本研究采用了一般科学方法和私人科学方法,包括对国内外作者的立法和科学著作的分析和概括、比较法和正式法律方法。在此基础上,对人身不可侵犯性进行了较为全面的界定,并对其在宪法、国际法、民法、行政法、刑法、诉讼法以及新近形成的信息法和数字法中的规定进行了分析。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Personal inviolability as an intersectoral category of law
The concept of inviolability of the person is considered as a complex intersectoral category in modern legal regulation. The research studies the provisions of normative legal acts and scientific works devoted to the concept of inviolability and its relationship with other concepts of similar meaning and suggests a comprehensive definition to the inviolability of the individual concept, which, in addition to the personal life of an individual, includes intangible objects directly related to the development of this individual. Also, a detailed distinction is made between inviolability and the concept of immunity. The purpose of the author is to substantiate the need to study the concept of inviolability from the point of view of all branches of law and pay attention to the peculiarities of regulating the inviolability of the person in each of the areas of law, as well as to analyze the guarantees and mechanisms for its ensuring, its non-absolute nature and the limits of its implementation. The study was carried out with the help of the general scientific and private scientific methods, including analysis and generalization of legislation and scientific works of domestic and foreign authors, comparative law and formal legal methods. Based on the studied material, a comprehensive definition of personal inviolability is suggested and its regulation in constitutional, international, civil, administrative, criminal and procedural law, as well as in the recently formed information and digital law, is analyzed.
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