On Civil Regulation Of Corpse

With the development of medical science and other science,the using of the corpse become more and more common. For this,some legal problems about corpse are appearing.However, there is no definite conclusion about the legal nature of the corpse and the protection of the corpse is not very well.In recent years,cases of damage to the dead body occurred in succession and the Civil Law protection for corpse is urgently needed.So, educational world are seeking for the definite answer to the corpse related legal matter, but each scholar has his own views about the corpse. The author has consulted massive literatures and foreign documents about the corpse protecting and profited from the domestic some scholar's opinions,used well-documented and extensive evidence,proposed some own views.Generally speaking this article includes three chapters:The first part: corpse concept and characteristic in Civil Law limits. The domestic and foreign scientific theories still have dispute about the corpse concept and the Civil Law characteristic.The author thought the first thing what we should do is to determine the concept of the corpse.The concept of the corpse plays the basic role of studying the nature of the corpse in the Civil Law . The author defines the corpse not only as the body after dead, but also the body can represent the remnants of the deceased.It includes not only the body but the bones, ashes and other items.After give a clear definition of the corpse the author will explain the nature of the corpse .We should acknowledge the corpse is a thing at first, but it is not a general thing ,it is one kind of special which embodies the profit of personality of the relatives. When carrying on the analysis of the Civil Law's characteristic of corpse,the author think that the corpse not only has the value as the ordinary things, the corpse also has the personality benefit of the dead relatives as well as contains the social ethics moral.The second part: the Civil Law attribute of corpse. Regarding the Civil Law attribute of corpse exits some differences, the author carries on the analysis of the German,the American as well as the Chinese related theory the evaluates to each theory.It's said that the German law emphasizes on the interests of the corpse what it contains .And the German law thinks the corpse still has a personality ,so the corpse is not a real thing ,only the mummies or skeletons of these is the real thing.United States law think that the relatives of the dead have the obligation to burial, cremation, take good care of the body ,so they also have the right to dispose the corpse,but the right is not complete called the incomplete-property right.Taiwan of China's law suppose that the corpse is a pure material body, but the body is different from ordinary matter.The action and the use of the corpse are subject to some restrictions. In contrast, some domestic scholars define the nature of the corpse in Civil Law as the continuation of personality benefits. General speaking, every country and area identified the corpse in Civil Law are not entirely the same.To define the corpse accurately not only to explore it's own natural value but also the social value which is different in different social environment. Finally,the author summarizes that the Civil Law attribute of corpse on my own viewpoint.The third part: adjustment of corpse in Civil Law. In this part ,The author think that no matter what kind of civil legal problems are inseparable to the principles of civil law for its adjustment. Therefore, the corpse in Civil Law adjustments should begin with the basic principles of Civil Law. In particular, damage the corpse of is not only restricted in the legal aspects but also in the aspects of ancient ethics. The principle of public order and good morals in basic principles of Civil Law adjusts is very important in dealing the problems in Civil Law.In this part ,the author take the corpse as one ordinary thing at first, study the adjustment in "property law" which includes proprietary rights and the disposition rights of the corpse. But the corpse is different from the ordinary materials,the use of the corpse should be strict , so the restrictions on ownership of the body is the object of our study. Second, once the corpse has been violated, how to adjust the legal relations which come from the violation.Next, once the corpse suffered violated,or the person who take the infringement act of the corpse should be responsible for the legal liability, so the responsibility type, the responsibility undertake the way and the relief condition in "Right infringement Responsibility Law" are applicable to the adjustment of the corpse violation. Finally, what legal remedy can we take after the tort occurred. For its special,the corpse's subject of litigation is different from other's. The scope of the plaintiff in the corpse'case determines the efficiency as well as the level of protection against the corpse directly, so it's very important to define the scope of the subject of litigation.The author study the concept of the corpse, the nature of the corpse in Civil Law as well as the adjustment of the corpse in the Civil Law rules in order to make the meager contribution to the Civil Law protection of the corpse.