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The Body Of Legal Protection

Posted on:2007-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q F WangFull Text:PDF
GTID:2206360212470585Subject:Law
Abstract/Summary:PDF Full Text Request
There is no definite conclusion about the implication and the legal nature of the dead body. Also ,there is no definite law regulations to this situation in our country. But no matter how different the views are about this topic ,the legalist come to the same conclusion that the dead body must be protected by law .In recent years ,cases of damage to the dead body occurred in succession,so the civil law protection for the dead body is urgently needed.The foreword is to make clear the legislation about the countries and the research significance to this topic. Then a summary to the content is made.This article includes six charpters:First part: dead body's implication and true legal nature. The legalists have much dispute about dead body's implication and legal nature. I agree that the dead body is special thing which embodies the profit of personality of the relatives. This part includes the legal natrue of the dead body as special thing! think that the dead body has some value like the ordinary thing.Second part: attribution of right and limitation of right to the dead body .There are three different propositions about attribution of right to the dead body: belonging to the dead , belonging to the others related closely to the dead .belonging to the society or the country.I agree that the ownership of the dead body belongs to the dead's close relatives. But , I think the exercise of the right of the dead's ownership holders must be limited.Third part:the law to donating the dead body and the rules to regulate the donating. The donation of the dead body must be embodied by law and regulated by certain rules,so a temporary regulation had been created in July in our country .To use the dead body must comply with some rules as no harming to the body,true willing,and so on.Fourth part : injurious act to the dead body and the right use of the dead body .This part includes abstract and specific injurious act to dead body .Also, there are right using acts to the dead body. The acts to injure the dead body include mainly illegal harming , using and displaying the dead body, also to harm the ashes.Fifth part :legal protection methods and perfections to protection. There are three...
Keywords/Search Tags:dead body, legal nature, attribution of right, donation of dead body, injurious act, legal protection
PDF Full Text Request
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