Dignity and Prejudice:Property Rules for the Right to Body from the Perspective of the Civil Code
According to the theory of distinguishing between property rights and non-property rights,personality rights belong to non-property rights,and body rights,as material personality rights,belong to typical non-property rights.Protection for violations of the right to the body can only be remedied through compensation for moral damages,with the exception of compensation for medical expenses and loss of income.With the development of biological science and technology,the commercial utilization of the body and its components has become a lot more common.Adhering to the non-property nature of personality right not only makes the individual unable to fully exercise the right of body,but also is not conducive to providing guidance and relief when the body and organization are actually used or infringed.Correct the traditional theory of personality rights to isolate the theoretical bias of property,recognize that body right as a kind of property right,use property rules to strengthen the protection of the body right,and at the same time impose necessary restrictions and prohibitions on the property rights and interests of the body through the rules of responsibility and non-transferability,so as to provide more comprehensive and substantive protection for personality rights.
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