| The modern civil law doctrine that "the human body is part of natural person's personality" is based on the traditional theory of distinguishing between human beings and things, established by Kant and other classical philosophers. This doctrine, as a consensus reached in a specific historical context, serves to highlight the value and dignity of human beings. However, it has shown some deficiencies when dealing with legal problems resulting from scientific use of human bodies, remains, tissues and genes and, in some cases, even aggravated the value conflict between the utilization of human body and the protection of human dignity. The traditional doctrine of distinguishing between human beings and things or between personality and property is not absolute, but allows for necessary modification along with the passage of time. A comprehensive consideration of the issue from logical, value, practical and legal dogmatic perspectives leads to the following conclusion: recognizing that the human body is to a certain extent also a property and incorporating "the property right of human body" and "dignity of human being as a species" into the system of legal interests of human body will not only enable us to overcome the above-mentioned deficiencies, but also provide us with a new legal perspective to the problems caused by the scientific use of human body. When using "public order and moral" as ground for limiting the use and disposition of the human body or part of it, "the rule of relevancy to humanity dignity" should be established and practiced so as to balance the welfare value and ethical value relating to the use of human body. |
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