Body right and health right are both part of personality right. The right to health is a right enjoyed by citizens according to law, and physical health is an important guarantee for citizens to participate in social activities and engage in civil activities. Protecting citizens' right to health means protecting citizens' body functions and organs from illegal infringement. For the illegal violation of citizens' right to health, not only should they be investigated for civil responsibility, but also for criminal responsibility. Body right refers to the right of the obligee to keep all parts of the body intact and safe. Any beating, search, harassment or destruction is an act of violating the physical rights of natural persons.
The right to body emphasizes the integrity and freedom of the body, while the right to health emphasizes the normal operation of physiological functions, which include internal functions and external organizations. Therefore, the violation of the right to health will inevitably cause damage to the victim's internal function or external organization, but the violation of the body right is not necessarily. Therefore, in order to distinguish between disputes over body rights and disputes over health rights, we should first look at whether the internal function or external organization of the victim has been infringed, and determine the right to health if it has been infringed, and the right to body if it has not been infringed.
legal ground
People's Republic of China (PRC) Civil Code
Article 103 Natural persons enjoy the right to the body. The personal safety and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the body rights of others. Article 104 Natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights of others. Article 105 When a natural person's right to life, body and health is infringed upon or is in other dangerous situations, an organization or individual with legal obligation to provide assistance shall provide timely assistance.