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On legal personality of human vegetables and protection of their rights |
| YANG Lixin1, ZHANG Li2 |
| 1.Law School, Renmin University of China, Beijing 100872, China; 2.Law School, Fujian Normal University, Fuzhou 350007, China |
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Abstract Although human vegetables lose their capacities of will and do not have the intrinsic attribute of civil subjects, they still have legal personalities and the status of civil subjects. The law has not provided for defects of their legal personalities, and thus civil law shall include human vegetables as objects of guardianship. The system of adult guardianship shall be constructed to supplement and correct the legal personalities of human vegetables. When human vegetables enter into a permanent vegetative state or state of brain death, law may declare the termination of legal personalities of the human vegetable. Due to the unique life state and capacity of act of human vegetables, the exercise of their civil rights faces a series of legal difficulties and challenges, mainly involving important issues such as the right of treatment for life rescue, marital right and reproductive right. The civil law shall ensure that the civil right of human vegetables can be fully enjoyed and effectively protected.
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Issue Date: 05 December 2007
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