论日照权与新《物权法》的价值导向

日照权作为新兴的权利,因为关系到公民生活的基本方面而备受关注,并成为社会的热点问题;新的<物权法>明确了相关的权利,以便提供有效的权利保护并维护社会生活秩序,它体现了社会发展的要求、反映了公平、效率平衡的法律价值导向.     

The incompetent developmentally disabled person's right of self-determination: right-to-die, sterilization and institutionalization

The developmentally disabled, specifically those mentally incompetent from birth, are entitled to a full panoply of constitutional rights and protections. These rights include the right to terminate life-sustaining treatment, the right of procreative integrity and the right not to be involuntarily institutionalized. However, the mentally incompetent developmentally disabled are generally unable to exercise these rights. This Note asserts first that proper procedural safeguards are necessary to guarantee the exercise of these constitutional rights by the incompetent disabled individual. Second, the Note focuses upon how best to preserve the disabled person's autonomy. The Note subsequently rejects the substituted judgment standard as a legal fiction, and endorses the best interest test which necessarily comports with the evidence, and properly accounts for the disabled person's incompetency.