Research On The Right Of Burying

Burying parent's remains is our nation's traditional custom, and is also family's obligation. But the disputation of burying is beginning to appear in our life and touch the vacancy of the law. Do a natural person have the right to arrange the disposal of his remains before his death? Do the person's family members have the right to alter the arrangement after the person's death? When the family members are in disagreement on the question of burymg, how to solve it? Facing these questions, we should appreciate that burying remains is not just an obligation, but is also a right. The present law makes no provision for these questions. So I try to design a new right of burying.This article includes the following four main parts:Part I Explaining the basic theory on the right of burying, including the concept of remains, the right of burying's law attribute, meanings and character, which emphasizes the analysis on the law attribute of the right of burying. Putting forward that the right of burying would have different right attributes and different right connotations, due to the dissimilarity of the subject of right. The right of burying that one has before death is a specific right of personality. The close relatives' taking the right to bury remains is the representation of exerting the ownership of remains.Part II Analyzing the elements of the right of burying, which includes three parts: the subject of right, the object of right and the content of right. This passage firstly points out that the subject of right should have the corresponding ability of behavior, and tries to find out the essential reason of the death and his close relatives' taking the right to bury remains. Then emphasizes the analysis on the object of right of burying that one has before death -interest of burying. Finally, the article analyzes on the positive and negative capability of the right to bury remains, also on the ethic and law limits while exerting the right.Part III Bring forward specific solutions to carry out the right to bury remains, based on analyzing the disputation of burying right.Part IV Designing the legal remedy systems, summing up the lawless practices that violating the right of burying, and conceiving a system of civil responsibility for the lawless practices.