Civil Protection Research Remains

With the increasing body of disputes, and use the law to resolve disputes and disputes remains that the laws become an inevitable social needs. Although the law has some of the civilian aspects of the general requirement scattered, but has been unable to provide a clear legal basis and solving puzzles judicial practice remains to increasingly complex disputes. However, why give the body and protection? How to set up a specific body of rules? What remains is the meaning of protection? So are the relevant legislation must be clear; the same time, with the progress of modern science and technology, organ transplantation has become more sophisticated, body donation and the ethical and legal principle involved, theory and practice, conflicts and contradictions have become institutions and practices remains The legal regulation is difficult to cross the issue, how to balance and reconcile these contradictions, set reasonable scientific laws, promote social civilization and establish an orderly system remains legal regulation has become the purpose of this paper. We depart from our existing laws, and foreign-related legislation to the legal nature of the legal protection of their respective research body of civil law perspective, it aims to propose their own research results and insights to improve our laws.In this paper, the text includes a total of three parts:The first part, ask questions. The part by comparing the typical case study in how to deal with the practice of the courts remains of disputes, through the analysis,induction ask questions and express their views. It focuses on the country's current legal protection for the remains of the defect and how the legal basis as the existing legal norms remains protected.The second part, remains the need for Civil Protection. This section demonstrates the following two aspects of the Civil Protection remains Necessity and Rationale:First, in judicial practice, courts will generally draw on the body of civil law disputes in the relevant legal provisions concerning property ownership and inheritance, seenin currently under protection of the law remains missing, the civil law is still the main legal basis for handling the remains of Disputes. Secondly, the dead body involving human dignity of the deceased, the deceased's Xiaosi feelings and social public order and morals and other factors, therefore, civil law is necessary to protect the body; and the dead should be protected as a person of interest has been most scholars recognized,and personality rights system is an important part of civil law. So, whether it is legal or practical needs, the remains should be given appropriate protection in civil law.The third part, inadequate and legislative proposals remains of Civil Protection.Our existing civil law remains the norm and almost no protection, only the judicial interpretation of the provisions of the "illegal use, damage remains, bones, or in violation of the public interest, public morality against the body in other ways,remains" dead close relatives' mental suffering to the people's court request for compensation for moral damages, the people's court shall be admissible ", but does not specify how the People's Court after the admissibility of the qualitative and treatment. So the part of "Property Law", "Tort Liability Act" and other laws as the basis, learn from foreign legislation on the bodies, analyzes the legal property of the remains, the contents of the right to ownership of the remains and the responsibility against the body and so on, and then put forward their own to Civil Protection of legislative proposals remains. This part also to the Criminal Law in China "insult to the body of sin" for example, remains circumstantial evidence of civil law protection of the value and significance. Finally, the author proposed and demonstrated a legislative proposal to donate the remains of the bodies and organs.