Adjustment Of Civil Law On The Rights Of The Corpse

Due to the laws of nature and the funeral customs, the objective manifestations of thecorpse are diversified. In a narrow sense, the corpse represents the whole body after death.And broadly speaking, the body also includes bones and ashes. Whether the body, or ashes,the interests of the relatives of the spirit that they represent is the same. In short, the CivilCode should take a broader definition of corpse.Internationally, in the legal practice, corpses always are defined as the dead bodies ofobjective existence, and always take an objective attitude on dealing the corpse cases.Personality rights of people should be destroyed after his death. Humans and other animalsis the same on the structural unit. After a human died, his mind is lost forever, and his deadbody has no different with other kind of objectives. There are two main interests on thecorpses. One is the dead man’s family’s emotional benefits. The other is the moralinterests of the community order. So we can tell that the corpse is a special object ofspecial interest.Corpse as a special thing, which is different from the properties of ordinary matter inthe first performance cannot be physically separated, in the second performance it cannotbe achieved in the transfer of ownership, and in the third performance its interest not beabandoned. As a matter of only a corpse lies in the effectiveness of the funeral or memorial,it does not meet the other requirements. It is set on the body also does not equateownership of general ownership. The ownership on corpse is exclusive, restrictive and notabandoned. State ownership of the body is mainly a personal definition of the role of thenational allocation of social resources, the state ownership of the body mainly in order toachieve the optimal allocation of its jurisdiction under the social resources, and maximizethe benefits of individual members. In the traditional civil law framework, comprehensiveproperty rights and relatives of two civil law point of view, when a dead body of civil law,the occasion on their property and civil rights in lieu of the corresponding natural begintransferring their body should also be considered patrimony and become co-heir of allthings. Whether it is the ownership of the body of the deceased relatives of the deceasedobtained based on kinship, or the dead bodies of the public administration based oncollective ownership of national powers to obtain these rights are actually highlight therelationship between the interests of a particular subject. The former corpse enjoys allspecific emotional benefits, while the latter is related to the interests of order processingand coordination of internal communication and management of particular groups. For theexercise of regulatory bodies of ownership, it is necessary to take full account of regulatoryguidelines under ordinary circumstances, but also take good care of regulatory guidelinesunder special circumstances, but also to establish a diversified corpse sanctionsspecification system.In civil law, the protection of rights, not only to determine the legality of the basis ofrelevant interests by setting the structure of rights and obligations, but also through theestablishment of protection mechanisms to prevent violations of rights to achieve aparticular behavior. The author discussed the legal ownership of the content and structureof the bodies, but not all the way to the bodies of the legal protection of ownership. In legalpractice, there are many bodies of ownership may be illegal infringement, which requiresin terms of violations of the laws and constitution, causation, damages and compensationfor violations of the results of associated rights corpse conduct a full range of clearregulation.