Research On Protection Of Body Rights

The development of medical technology makes people' s understanding of their own body deep and promote people to pay more and more attention to the value of the body,more and more hope that the law can be more comprehensive maintenance of their own value,security and human dignity.The body is the material carrier of life,there is no physical life there is no possibility,the body as a citizen to participate in social activities to enjoy the rights of the carrier of its importance is self-evident.The body is the right person to maintain their body completely complete and the right to dominate the organs,limbs and organizations,only to strengthen the protection of the body to cope with the growing medical technology.Body right is a kind of personality right,the protection of body rights to highlight the human dignity,personality freedom,personality equality.Personal rights law is an important part of civil law,for the protection of personality is indispensable,physical rights as the most basic personality should be the comprehensive protection of civil law.At present,there are few legislation on the relevant aspects of body rights in our country,and the right of body is stipulated in the judicial interpretation issued by the Supreme People's Court.Although the newly introduced "General Principles of Civil Law" on the body to do the provisions,but did not do more specific provisions,it is clear that the body can not be fully protected and can not respond to organ donation and transsexual surgery and other emerging things.How to fully protect the citizens' right of the body to become the urgent need to solve the problem,this article to the protection of body rights as the research object is divided into five chapters.The first chapter starts from the concept of the body,and defines the body of the citizen from the traditional and legal perspectives.After the concept of the body is defined,the characteristics of the body right are discussed from various aspects and the body right is obtained.Civil rights,the right to the subject according to the law to maintain the integrity and safety of the body,its organs,limbs and other organizations dominate the right;finally through the current body weight theory of combing a clear body right is a personality,so the body as a The protection of independent civil rights in civil law is of great importance.The second chapter first of our country in the body of the legislation has been combed,our country in the early protection of the right to physical care,until this year in the "Civil Law General" in the clear body rights.Secondly,it elaborates the significance of independent protection of body rights,which not only conforms to the requirements of governing the country according to law,but also improves the system of civil rights and promotes the development of relevant rights.The third chapter of the right to physical rights as a basic personality should be enjoyed by how to enjoy,in order to solve the above problems the author of the physical rights of the legal relationship to sort out the first clear body of the body that can only be enjoyed by natural persons and denied the fetus As the body of the body,the fetus is not separated from the mother is the mother of the body should therefore be the body of the body to protect the object,and the deceased has lost life does not have the subject qualification and therefore can not be the body of the body;citizens of the body and the short and the separation Organ tissue is the object of body rights,and the body is temporarily separated from the organ and tissue is to achieve a certain purpose and the separation of the body,and then will be combined with the main body and play the appropriate function;body rights,including not only the content of the body With the complete maintenance also includes limited control of the body,the body's dominance is the positive side of the body,the development of medical technology people through the transplant organ to extend their lives possible,the current organ donation and degeneration of the great Enrich the power of the body.The fourth chapter first describes the common ways of infringing the body,including violent beatings,improper surgery,illegal search of the body and only infringing the body without harming the health of the behavior,and then the responsibility for the violation of physical rights from the illegal acts,Fact,causality,subjective fault four angles to discuss that constitutes a body infringement must have the above conditions.The fifth chapter elaborates the suggestion to perfect the protection of the body right in our country.Although our country in the newly adopted"Civil Law General" in the provisions of the body but there are still many deficiencies.For the current lack of protection of the right to physical rights were discussed from three aspects,in the civil law to increase the relevant provisions of the power of control and the expansion of the body of the object,to increase the power of the relevant provisions of the regulation is to better regulate the body Power,the right to control as an important part of the body of the law of its continuous development requires the constant follow-up legislation,and to expand the body of the object is to protect the body with a short body separation of the organization to make it in the separation of the better protection;The system has proposed that the right to physical rights is for the civil law co-ordination,in addition and improve the spirit of the damage will be due to physical rights suffered damage caused by mental damage into the scope of mental damage compensation;the last part of the body from the point of view of strengthening the organization of organs Donation and transsexual surgery,especially on the conditions of organ tissue donation,and the recommendations on the conditions of transsexual surgery and the relevant legislation after transsexual surgery.As a carrier of life,the natural person's body is protected by law,and no one can commit it illegally.Body right is the right of a natural person to maintain his or her integrity without being infringed upon.Out of the maintenance of human dignity,the traditional civil law only concerned about the inviolability of physical rights.But with the social reality,the changes of ethical concepts,especially the development of modern science and technology and medicine,modern civil law has paid full attention to the positive and free side of body right.