Research Of Civil Law Protection Of The Deaths Personality Insterests

The rights of man power began in the birth and end in the death, but personal interests are not to be destroyed because of the end of the natural life. After people's death, how their personal interests in violation of civil law shall be protected will become the focus of the law field. Since 1989 Tianjin"the Hehuanv case", researches on the protection of personal interests have been rising at home, which result in the relevant legislative and judicial practice. However, during the protection of personal interest, the subject of right of application and the protection object are not clear, it is necessary to have further discussion. The thesis will be divided into six parts :The first part is the cases into the law, by analysis of several cases ,the law field has admitted the existence of the personal interests and it should be protected . However , who is the subject of putting up with protecting the interests of the death and how to locate the close relatives in the process are wait for being solved. It is also the main content discussed in this paper.The second part will mainly discuss the inner meaning of the death interest .After the question, we have to clarify a few basic concepts, the personality and character and other interests, and the relationship between them .Only the concepts are accurate and then the death interest can be better explored. These concepts are also the focuses and bases in the whole structure.The third part will discuss the four theories about the protection of personal interests of academic circles, on the basis of clear indication of the interests of the death , that is , protection of the death's right, the protection of the death's law right ,the inheritance protection rights, close relatives right protection. Every theory on the protection of personal interests discusses the objects and method, among which close relatives rights protection is more consistent with existing protection of basic theories and legal system.The fourth part based on the third part, will mainly explore the request and the recognition .This part will revolve around a few disputes :application rights, and the victim and the object of violation. According to the close relatives rights protection, the subject of application is in general the close relatives, when there is no close relatives, the public authority will be responsible for the principal .For the content of personal interests are varied, such as the dead man's reputation, portrait, body, privacy and so on, is also the violation of human dignity and social public interests to the death's near relatives. The latter is the object being protected in law.The fifth part is mainly the present review of the overseas laws about the protection of the death's interests. It is necessary to learn from foreign laws of the provisions of this problem after the discussion of the concepts of the death's interests. By analyzing the laws of European countries such as the Britain , America and Germany, the Britain and America put the death's interests into the privacy policy areas, and in Germany, by judicial decision, after people's natural death, he or she will continue to maintain human dignity. The settlement policies, undoubtedly open a window to our academic research, meanwhile which a good provision for our legislative and judicial areas of improvement.The six part will indicate that there still exist some problems in our legal system and appropriate legislative proposal and the judicial proposal will be put forward. In respect of personal interests and to the rationalization and prevention principles, in the legislative aspects ,improving the rules of the human dignity and the specific interests , in the judicial aspects, the core of the need to establish and improve the interests of the character of system, specifically, on the basis of determining the subject of application ,the reasonable period of time should be set on the onus of proof and responsibility sharing.