Civil Rights Protection Of Body Rights

In the modern society,the development of medical science and technology has brought more possibilities to people’s lives,and the concepts and behaviors have undergone major changes.At the same time,people have a more comprehensive and comprehensive understanding of their own bodies and hope that their physical values,dignity and safety can be effectively protected by law.However,it is a pity that the theoretical circle of civil law in China has held a defiant attitude towards the rights of the body for a long time,and it has only recently begun to study the right to body in recent years.Prior to the promulgation of the “General Principles of Civil Law”,as the General Principles of Civil Law did not explicitly stipulate the right to physical bodies,the body rights and health rights were often confused in judicial practice,and the protection of physical rights was very limited.Through the above analysis,it is not difficult to find that the protection of body rights is faced with the problems of theoretical research,narrow legal protection,and single relief measures.The right to body is a basic personality right of citizens,and it is also a civil right.This means that civil law can not only be absent in the protection of body rights,but also should provide more perfect protection.The traditional theory believes that the main body of exercise of the body right is only himself,but the organ transplant has broken through this point of view to some extent.And whether the part of the body that separates the body is still the object of the body right is also a hot topic of debate.For example,what kind of legal properties of frozen embryos became the difficulty in the case of Yixing’s "frozen embryos" that caused hot debate.The research content group of this article should include two parts.The first part is basic research on the right of the body.In this part,the body right is first defined,and then combined with the new typical cases in recent years,a comprehensive analysis of the nature of body rights and the violation of body rights is conducted.The second part tries to analyze the status and existing problems of our country’s civil law protection body right legislation under the premise of exploring the foreign legislation on the right of the body,and gives advice on these issues.