关于身体权的法律思考

身体权作为一种独立的人格权,包括了维护身体形式上和实质上的完整性和有限制自由支配身体的排他性权利。对于胎儿已戚人形的身体,应由其出生后获得权利能力的自然人来追溯行使身体权;对‘于尸体则认为是身体权客体的延续利益,不应再尊有身体权。对于侵害身体权的赔偿应以精神损害赔偿为主,财产损害赔偿为辅,以达到维护民亨主体人格尊严,保障其人格利益的终极目的。

Legal Thinking of Body Right

Body right as an independent dignity right includes the right of defending the formal and practical intactness of governing the body to exclude outsiders with some restrictions. As the fetus takes shape of human, it should be given the right as a natural person to perform its body right after birth, while the corpse which is deemed as the continual interest of body right as an object shouldn't enjoy body right. The indemnity for encroachment on body right should be mainly with mental, next with property damage. In this way, the human dignity as the subject can be defended and the interest of dignity can be guaranteed finally.