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On Civil Regulation of Corpse

Author: YangYongZuo
Tutor: LiJianHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Corpse Civil Code Properties Adjustment rules
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 189
Quote: 1
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Abstract


China since ancient times corpse highly valued in many ancient criminal provisions to impose heavier penalties for acts of damage to the body . With the development of our society , the acts of mutilation and insult to the body is considered an insult to the deceased personality , is the damage the deceased honor and the right to infringe死者近亲属behavior . This behavior will be subject to public opinion strongly condemned the severe legal sanctions . However , the concept of our jurisprudence corpse legal characteristics and legal attributes have not yet been decided , China's relevant laws and regulations did not explicitly provide this . To solve the dead bodies in the area of ??civil law within the adjustment first corpse definition should explore . There is controversy in academic circles has been the definition of corpse . However, only give the corpse of a clear legal definition to it on this basis for further analysis and adjustment . Clear concept of the corpse , it should study how to confirm the properties of the body of civil law . The identification of the various countries according to their national conditions and needs of the body of civil law property . China for the confirmation of the body of civil law property is in the fuzzy stage , the different schools of their finds there own advantages and defects , and the author has put forward some views and perspectives to provide a theoretical basis that the below demonstration . Solve the controversial theory , for the adjustment of the body of civil law or to be returned to the substantive law of the Property Law , Tort Law . Property Law \Therefore , this article learn the theories and opinions of other countries and our doctrine corpse concept , characteristics , and to explore the specific content and adjustment methods of adjustment of the body of civil law , hoping for the Improvement of the dead body of civil law The adjustment system to contribute .

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