| The Civil Code creatively incorporates the dignity of life into the scope of protection for the right to life. Most scholars argue that the core meaning of the dignity of life lies in the dignity of death, and its content as a legal right primarily includes the right to refuse life-sustaining treatment and other end-of-life self-determination rights. However, this view misinterprets the concept of the dignity of life, which not only leads to fragmented legal protection and difficulties in resolving internal conflicts within the right to life, but also contradicts the principle of patient autonomy and lags behind China’s hospice care practices. The dignity of life should instead be interpreted as the dignity of living organisms, that is, the ethical value inherent in human life and its legal status far superior to that of animal organisms. The protection of human remains, embryos, and body parts also encompasses the dignity of living organisms, and together, they form a typological dignity that better aligns with contemporary needs. For natural persons, this dignity constitutes the core of personal dignity protection, and the core values to be preserved are the generated value of the personality of living beings and their biological selves, which can provide a clearer legal basis for safeguarding genetic dignity and brain dignity. For human remains, embryos, and body parts, it primarily manifests as a collective dignity tied to public order, and the core values to be preserved are the emotional value and public values of these living organisms. |
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