The Human Body in the Regime of Chinese Cultural Heritage Law

For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural...

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Bibliographic Details
Published inSantander Art & Culture Law Review Vol. 6; no. 2; pp. 339 - 354
Main Author Zhiyong, Zhao
Format Journal Article
LanguageEnglish
Published Krakow Wydawnictwo Uniwersytetu Jagiellońskiego 2020
Jagiellonian University Press
Jagiellonian University-Jagiellonian University Press
Subjects
Cultural heritage
Human body
Law, Constitution, Jurisprudence
human body
property rights
cultural property
cultural heritage
China
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Summary:For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.
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ISSN:2391-7997
2450-050X
DOI:10.4467/2450050XSNR.20.023.13026