Refactoring the General Idea of Human Body in the Criminal Code

• Main Authors: ChinChiu, 邱勤
• Other Authors: Chih-Jen Hsueh
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/78527349457349463259

碩士 === 國立成功大學 === 法律學系 === 102 === SUMMARY The body interest in Republic of China criminal law protects physical organ function, tissue integrity, and psychological soundness. However, can the organ separated from the body be protected in Republic of China criminal law? With the advance of medical technology, it is worthwhile to discuss. This thesis focuses on the fields which are related to body rights and discusses its nature and meaning in law. Then we can picture the range of its protection. Therefore, I will intend to study the theses related to psychology, philosophy, and biology and depict the idea of body in these fields. In the end, I will explain it from biological point of view and from Japanese law to redefine the range of body interest. Finally, I will try to discuss whether the idea of body rights can be applied to the 3 dimensions printed organ, so that we can set the rules to regulate the harmful act as to the transplanting organs. Furthermore, the idea of property should be involved in some conditions and make transplanted organs become a part of property.