Juridical interpretation clearly States that citizens enjoy body right,but law theory circle mixes body right with the right of health,bringing conflict with other civil law theory and difference when the body right is applied in practice.

Although the definition of body right has been firstly mentioned in the Judicial Interpretation of the Supreme People s Court of China on Some Issues of Determining Liability for Mental Suffering Caused by Tortuous Act, it is not confirmed in basic law, which is a defect in the protection of body right in China.

Right of body, as a civil right and independent from ownership, right of life and right of personality, refers to a natural person s right to safeguard the integrity of his body and the freedom to control his physical organs or the body as a whole.