The person,ho hold the subject title and enjoy the right of personality, is the focus of law.Therefore.the research of basic theory of personal right should be established in the study of the person’s nature. This thesis establish "body theory" from the angle of philosophy. It argues that we should recognize the essence of human from the the angle of human’s body,and change the focus from the equality identified by rational to the idividual different needs which root in their bodies. The rheology, dynamic and flexible of human’s body provide a philosophical basis for the freedom value of the personal right and a theory supportment for the keep expending amout of personal right. First and foremost, the perceptual body enrich the irrational elements of human’s nature and diversify the intension of personality. Secondly, the creativeness and transcendence of human’s nature which body theory proposaled has proof the legitimate of freedom. Thirdly, build the system of personal right upon freedom value can openly embrace all the new right which keep emerging in our society and enlarge the content of each concrete right. |