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身体权之保护应当延及主体的生前死后,然不应仅仅局限在时间的延伸上。身体权之延伸保护还应包括对分离出去之身体部分的保护;“支配身体行为”有其严格的构成要件,切不可将分离出去的身体部分一律视为物权客体;对身体权进行延伸保护不是基于某种单一利益的保护而是基于多种复合利益的考量。
The protection of the bodily right should be extended to the death of the subject, but should not be limited to the extension of time. The extension of the protection of the bodily right should also include the protection of the part of the body that has been separated out. “” The dominance of the bodily behavior "has its strict constitutional requirements and must not be treated as the object of justi fi cation of the part of the body separated from it. Extension protection is not based on the protection of a single interest but on the multiple compounded interests.