Basic Research On Body Right

Although the definition of body right has been firstly mentioned in the Judicial Interpretation of the Supreme People's Court of China on Some Issues of Determining Liability for Mental Suffering Caused by Tortuous Act, it is not confirmed in basic law, which is a defect in the protection of body right in China. On the other hand, some phenomena such as transplantation, reservation and transference of human organs, sex reassignment and cosmetic surgery, sexual harassment, forced abortion to a person without capacity for civil conduct, requirements of keep-fit, tonsure etc on employees have caused a mass of problems. However, in practice, judiciary workers and scholars judge the value on the base of the theory of civil law and the trend of legislation rather than some laws relevant to body right.Above issues have been discussed by many scholars, but most of them are from the viewpoint of only one or several certain cases. Thus a deep analysis on the nature, characters and contents of body right is considered by the writer as a sound method to research these matters.The writer put four sections in this essay.Firstly, the lack of regulations on body right in our legal system leads to the uncertain position of it and also affects the comprehension and settlement of related issues in legal practice. In the first section, the writer analyzes several misunderstanding of the nature of body right, and then points out that it is...