A Research About The Rights Of Dealing With The Remains In China

In China,the dispute cases about remains,typically the "robbing body" case,is becoming more and more common and frequent.The fundamental reason of this trend is that China lacks of the scientific and reasonable legal basis on the problems to process remains. That makes the ordering institution of dealing remains operates difficulty.The foundation of the process remains rights is born congenitally deficient,for this reason,leads to each side in society have contradictions directly.Because of these contradictions are according to the obvious morality feature of remains,so it will attract the attentions of the people more easily.Great attention to the contradictions makes them happens rapid growth.The moral characteristic of remains decides that we need to force on the construction and improve of legal system,at the same time pay attention to how social ethics effects on the remains.Suppose we can not combine the law and morality to guide the practice,we can not handle problems of dealing remains.So we have to take apart the remains and the interrelated rights,and then integrate the demands of practice,to build the scientific,reasonable and practical system for dealing with remains.The thesis is divided into five chapters.The first chapter PrefaceThis chapter gives some ideas of the background and significance of selecting the topic of this theses,collects and arranges documents about the rights of dealing with remains home and abroad.Force on the researchs about the practice and theoretical circles.The second chapter The conflicts on the rights of dealing with remainsThis chapter is a research about the conflicting types most frequently in China.Including the conflicts between the will of the state and members of the deceased's family.The conflicts between members of the deceased's family and the will of the decedent.And the conflicts in the dealing process of two kinds of special remains.The third chapter Research on the dealing process of the remains in ChinaFirst,this chapter analysis four frequent kinds of dealing process in practice.And then depends on the result,confirms that the original reason is the knowing of the rights of dealing with remains can not satisfy demands of practice.The fourth chapter The theoretical analysis about the rights of dealing with remainsThis chapter thinks about the attribute about the rights of dealing with remains rationally,by the theoretical analysis of the right.Considers that the right of dealing with remains is belongs to combines the right of management and the right of using in special ways.And then analysis the subjects in the right of dealing with remains and the sources of the subjcts, list the using way of the rights of dealing with remains,to provide supports on the theory for the fifth chapter.The fifth chapter The rational distributions and institutional improvement of the right of dealing with remainsThis chapter makes up by two parts.First part is about the array of the subjects of the rights of dealing with remains.The second part is suggestion for perfect the system.