The Study Of Legal Philosophy Of Body Rights

No matter how people interpret body and its rights in law,and no matter whether the law suppresses,protects or liberates body,this is a first and foremost matter of philosophy of law.The return of body to the law is not accidental and is the inevitable result of combination of many social and cultural events.The advancement and development of science and technology especially in medicine has increased the uncertainty of body,and the body has become a factor that is tangled with the relationship between technology and law.Faced with the uncertain body,the current law and its rights theory cannot meet the needs of practice.Almost every nations' laws regard body right as an important personality right since modern times,especially with the development of society and the advancement of medicine,body right has become a controversial moral,legal,and political issue.Such rights as use and dominance of body become a focus of debate in theory and practice,and the difficulties in the application of law highlight the significance of academic research and legislative perfection of body right.General Provisions of the Civil Law of the People's Republic of China also include body right as a civil right.This article comprehensively applies various research methods,starting with body right as a concrete civil right of personality,and sorting out and summarizing the historical development of body right,and further analyzing and comparing the connotation and nature of body right as a specific personality right.Secondly,from the perspective of the impact of medical technology advancement on the body,the advancement of medical technology has led to confusion of personal identities and obscure the subject and content of body right.Relatively lagged legal norms cannot keep pace with the rapid development of medical technology,and new ways,like finding the proper tension between technology and law,need to be found and reconstructed to realize body right.Only understanding the true connotation of body can we fundamentally understand body right that meets the body's own requirements.This article then finds the body view that best fits the body right from the historical sources of body and body views and the comparison between China and the west and analyzes the relationship between body and law from the point of view of body,changing the research paradigm of subjective and objective duality of traditional law.Initially explore the model of legal person embodied in body,balance right and power around the body,and sum up the basic reasons for body right.At the end of this paper,the theory of body right is linked to the strategy practice of China's current Healthy China,and the system construction of the reverted body right is initially explored in order to better protect body right.