A Research On The Personhood Property Of Civil Law

The research takes the property with personhood as its object. And it provides the conception of "the personhood property" in a creative way by analyzing the special value of this property, the judicial cases related to this kind of property and the experience of the legislation, the justice and the academic research. And the research gives the personhood property a systemic study in civil law, in order to found the principle rules of the personhood property, to improve the civil law theory related to the personhood property, and to meet the needs of the judicial practices.The thesis consists of six chapters as fallows. Chapter 1 proves that the personhood property is reasonable and it’s also based on the law theory. Chapter 2 gives a conception to the personhood property and provides the special legal natures. Chapter 3 does a research on the common types of the personhood property and some special types of it. Chapter 4 does a research of the common rules and the special rules of the rights confirming, in order to build up the system of the substantive law on the personhood property. Chapter 5 does a research of the basis of right claim when the right on the personhood property was infringed and the rules for the personhood property’s protecting. Chapter 6 does a research on the difficult problems of the legal practices in personhood property, in order to do a favor to the legal practices.In chapter 1, the legal principle basis of the personhood property, by analyzing the relationship of the personhood and the property, it finds that the personhood property is the best way to connect the personhood and the property; and by analyzing the cases on special properties, it points out that the personhood property widely exists in today’s life, and is also considered in judicial practices. It points out that there are some deficiencies in the law about personhood property. And the conception of personhood property is also based on the law theory about personhood and property. The personhood property’s confirming in law reflects that the personhood take precedence of the property in the modern civil law. In chapter 2, it takes a research on the connotations, characters on law, developing of the personhood property. Firstly the thesis analyzes the differences between the person and the property, the personhood rights and the property rights; then it points out that the property which is related to the personhood and irreplaceable is personhood property. And it also does the research on the special law characters of personhood property to provide a reference for the conception of personhood property. And as a conception, the personhood property is a dynamic conception not a static one. So we have to look at the personhood property in a developing and dialectic way.In chapter 3, the thesis analyzes the types of personhood property in order to ascertain the reasonable area of personhood property. The personhood property firstly includes the special things related to individual such as the photos, the video, the love token like the wedding ring, and so on; it secondly includes the things related to family such as the heirloom, the family tomb, the ancestral temple, and so on; the third type of personhood property is the party personhood property, such as the things those have emotional benefits to the nation, the people and the party; the fourth type of personhood property is apparatus, blood, gene, remains, and so on; The research which analyzes the types of personhood property can help to build the personhood property law system and the judicial protection on personhood property.In chapter 4, the thesis tries to build up the system of the substantive law on the personhood property. On the base of the double characters of the personhood property, including personhood benefits and property benefits, the rule of rights confirming should considering the traditions, the personhood benefits relating and the special rules of the personhood benefit’s preference level. The problems as follows should be resolved:the confirming of the subject of right on personhood property, the managing and the disposing on personhood property, the joint ownership on personhood property, the inheriting of personhood property, and so on. The special rules of personhood property should be recognized by considering the special character.In chapter 5, the thesis does a systemic analyzing on the basis of right claim when the right on the personhood property was infringed and the protecting system on it. There are not adequate rules in law or general theory to relieve the infringement of personhood property now. And the thesis provides a method that the litigant can claim the property benefits and the personhood benefits at the same time. The personhood of the personhood property takes precedence of the property, so we should protect the personhood especially. The principles, such as the principle of public order and good custom, the principle of good faith, the principle of protecting measurably, and the principle of no-fault liability, should be treated as the principles on protecting personhood property in order to protect the personhood property roundly.In the last chapter, the thesis analyzes the problems in judicial practices, such as the different standards to ascertain the personhood property, the value of personhood property is hard to confirm, and the judicial discretion is overabundant. The standard to ascertain the personhood property should consider the factors such as the creation of personhood property, the subject of private right, the capacity for civil conducts. The thesis confirms the value of personhood property by analyzing the property benefits and the personhood benefits. And in order to avert the abuse of judicial discretion, we should use the rules that respecting the foregoing judgment, and making the judgment rational to control it. It also does a research on the constitutive requirements of tort, the burden of proof, the legal immunity in the personhood property execution, and so on.