The Protection Of Right To Person’s Body In The Modern Civil Law

The right of body is to confirm and protect the natural human body completely, completeinterests for content and controlling its body, organs and other tissue of the right of personality.Body right is a natural person, natural person body completely, complete interest. The right ofbody from physical ownership, right of life and health rights, is an independent right ofpersonality. The traditional civil law, our country is not specified the right of body, such as the"general principles of civil law" in our country only defines the rights of life and health of thebody, the right is not explicitly stipulated. The existing laws on body right too few, mainly isthrough to the rights of life and health protection regulations to protect the right of body, butthe right to life and health right cannot cover the body right, which leads to the practice inmany physical rights and interests protection can’t find the reasonable legal basis. The right ofbody with the right to life, the right to health three together to form the complete substantialright of personality structure. Therefore, Civil law of China should be the body right and theright to health as a juxtaposition of two personalities to protect. With the development of thesociety and the rich practical experience, our country both in theory and in practice more andmore attention to the protection of the right of body. The Supreme People’s court in thejudicial interpretation has clearly put forward the right of body is an independent right ofpersonality and the provisions of the body right mental damage compensation, but only fromthe judicial interpretation made on right of body representations, whereas the civil legislationdoes not specify the right body definition to the body and the right protective measures, itcan’t complete protection of the right to the body. Therefore, the full protection of the right ofbody need our civil law perfect the protection system of the right of body. According to theexperience of foreign legislation, scholars suggested, body right protection through perfectingsystem of personality right, the tort system for legislation to protect. One side,body right isthe right of personality, so it is necessary to perfect the personality right law on body rightconcept, object scope, infringement patterns and other specific provisions. Other side, whenrights are violated, in accordance with the needs of specific provisions for relief, this needs toperfect tort law on the specific tort liability form, compensation system and other provisions.That is to say, to improve the body right protection system, need to perfect the personalityright law and tort law on the protection of the right to health.