Abstract
We can find in contemporary society increase of the proprietary nature of human body and aspiration for right of free disposal regarding human body. The importance of the problem how the law should catch the human body is increasing against these backgrounds. This report considers this problem, using this paper as material of comparison of France. The legal problem situation involving the human body is checked and the «human body = subject» theory and «human body = thing» theory which are two typical positions about the legal composition of the human body are examined on it. I would like to show a «human body as medium of subject» theory based on such work. The basic problem consciousness makes it possible to control commercialization and marketing of the human body appropriately, and is in the place which builds the human body theory which is effectively used against the infringement to the human body and can counterattack it.
