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On the Protection of Civil Law for Body Right
Author: LiuHaiLong
Tutor: FengNa
School: Changchun University of
Course: Civil and Commercial Law
Keywords: Right of Body Personality Civil Protection
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 0
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Abstract
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Natural body, constituted by the various organs formed by the organic vitality of the human body, is a subsidiary body of the entire structure and all parts of the body, is human life and health of the existence of the material carrier of citizens to participate in social relations, the carrier of the enjoyment of rights obligations. The body as an independent personality right of the right to a natural person legally entitled to the security of their own bodies, and the maintenance of dominant interests of others against the body completely ruled out a basic personality.Civic body, from a biological point of view, it refers to a variety of human organs by the formation of organic composition of the body with vitality. From a sociological sense, the body of citizens is that people involved in various social relations and various rights and obligations of the carrier. Man is the master of nature, the human body both for a single individual or for social groups are the most valuable. Therefore, the protection of citizens is the primary task of the law since ancient times is one. Modern society, the economy growing, increasingly complex social structure. People, as a social subject, in such a society, on the one hand, its social value and its value more and more important; the other hand, the individual interests of its own security and are increasingly being threatened from all sides, personal rights against the dangers are ever-present. In order to safeguard human values, dignity and security, civil law continue to strengthen the legal protection of the civil subject’s physical features, and constantly improve the legislative system of protection of personal rights, in modern society has made human rights law as a civil law system unique, complete, close the branch system. Body of citizens the most basic right of personality.However, the right of the current legislative provisions on the body little lacking in the judicial practice operable. Therefore, this article right to the body as the research object, the nature of the right to clear the body and its relationship with other relevant right to life, the right of the link between health and different. Meanwhile, the detailed analysis of the civil rights system in the body right, right to the basic areas of the body to re-understanding. In the last part of the comparative analysis with international legislation on a detailed comparative study of the body of our present legal system, lack of rights protection, the present stage the body of civil law and related laws are infringed upon the right to specific relief summarized manner, and made a perfect right to protection legislation of some physical ideas.
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