论生命健康权在医疗活动中的支配转移

Domination Transfer about the Right of Life and Health in Medical Treatment Activity

现有法学理论认为,生命健康权是一种具有绝对性和支配性的民事权利,通常不得以任何形式让与他人,即不得买卖、转移、赠与或继承。自然人只能对自己的生命健康权实现有限制的支配。医疗实践证明,生命健康权存在支配转移的实际情况,生命健康权的支配转移是对现有法学理论的补充和完善。

The right of life and health is a kind of civil rights with the nature of absoluteness and domination in the existent law theory. It cannot be alienated to others by any form commonly. That means people cannot buy, transfer, bestow or inherit it. Nature person can only dominate his right of life and health limitedly. Medical treatment practice indicates that there are the practical circumstances of domination transfer to the right of life and health. The domination transfer of the right of life and health is the complement and perfection to the existent law theory.