Does a person have a legal right to die? Whether the deceased person still has the capacity for civi

I don't know what aspect of the legal right to death you're referring to.

If you are asking, does a person have the right to choose death in law? The law does not provide for this aspect, and given the principle of "not illegal, legal" in civil law (i.e., as long as it does not violate the terms expressly stipulated in the law, your actions are legal), so you have the right to commit suicide if you choose to;

If you're asking if you have the right to choose a doctor or someone else to euthanize you, then no. It's not that you can't choose to die, but because you have to borrow from others. Although the law cannot restrict your right to choose death, it does clearly limit the life or physical health of others.

The hospital belongs to the administrative subject, according to the provisions of the administrative law, the principle of "illegal is illegal" (the behavior of the administrative subject is not implemented in accordance with the relevant legal provisions, the act is illegal), because China's law does not give doctors the right to euthanasia for patients, so if the doctor does it, it is illegal, so the doctor will not do it.

If you are referring to the rights that can be acquired by family members and relatives after death, please refer to the Inheritance Act.

No, there is no law in our country that supports suicide, and there is no law that allows others to help people who want to commit suicide to commit suicide.

According to Article 13 of the Civil Code of China, "the capacity for civil rights of a natural person shall cease upon death. Generally speaking, "death" refers to natural death, that is, the natural end of a natural person's life, and theoretically "the heart stops beating, spontaneous breathing disappears, and blood pressure is zero" as the criterion.

In the lifetime, one may die due to illness and ineffective rescue, or may die due to an accident, but no matter what the cause of death, it will lead to the termination of rights and abilities, and the personal and property relations related to the deceased will be extinguished.

However, there are cases in which a natural person has disappeared for a long period of time for some reason. In view of the stability sought by the law forcing the elimination of this unresolved factor, the system of "declaration of death" was created. According to Article 46 of the Civil Code, when a certain period of time is reached, the death of a natural person can be presumed in accordance with legal procedures.

1. The concept of capacity for civil rights.

The capacity for civil rights refers to the ability of civil subjects to enjoy civil rights and bear civil obligations granted by law, that is, the qualifications of civil subjects to enjoy rights and bear obligations, which is a prerequisite for carrying out civil activities as a civil subject. If the law provides that the State protects the ownership of property of citizens, every citizen has the right to exercise the right to ownership of property.

II. Legal Characteristics of Civil Rights Capacity.

1) The capacity for civil rights is a possibility for civil subjects to enjoy civil rights and bear civil obligations granted by law, and the actual benefits have not yet been brought by civil subjects. Civil rights, on the other hand, can only be enjoyed by civil subjects after they have participated in specific civil legal relations.

2) Capacity for civil rights includes the qualifications of civil subjects to acquire civil rights and bear civil obligations. Civil rights, on the other hand, only refer to the possibility of a civil subject actually obtaining benefits in a specific civil legal relationship.

3) The content and scope of capacity for civil rights are provided for by law, and are not directly related to the personal will of the civil subject. Civil rights, on the other hand, are acquired by civil subjects when they actually participate in civil activities according to their wishes within the scope permitted by law, and they directly reflect the personal will of civil subjects.

No. According to the provisions of the law, from the time of birth to the time of death, a natural person has the capacity for civil rights, enjoys civil rights in accordance with the law, and bears civil obligations. The time of birth and death of a natural person shall be subject to the time recorded in the birth certificate or death certificate; Where there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration shall prevail.

Where there is other evidence sufficient to overturn the time recorded above, the time proved by that evidence shall prevail. Therefore, the dead have no capacity for civil rights.

Civil Code of the People's Republic of China

Article 13: From the time of birth to the time of imminent death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.