Civil Protection Of The Right Of Participating Sacrificial Ceremony

In the past few years, dissensions about participating sacrificial ceremony have been greatly increasing.Such dissensions are not prescribed in the present laws, which causes the judgments different in the practice, so the unity and authority of the judicature are affected. It is necessary to discuss it.There are five parts in this paper:Part one: To discuss the concept of the right of participating sacrificial ceremony. The author starts the article with analyzing the concepts concerned the right of participating sacrificial ceremony, including "sacrifice" and "mourning ", and finally the author think it more accurate to use "the right of participating sacrificial ceremony" than "sacrifice" and "mourning ". The author uses a large paragraph to analyze the activities of participating sacrificial ceremony, concluding that as a social custom, it embodies the family's mental benefits. In the situation of law, its nature is a kind of legal benefit, so the author draws a conclusion that the right of participating sacrificial ceremony should be protected by law.Part two: analysis of the basic problems on the right of participating sacrificial ceremony.The author defines the right of participating sacrificial ceremony from the angle of legal benefit.After carefully analyzing, the author thinks that the right of participating sacrificial ceremony has the character of clinging to one's identity, formality and proceeding,limited range of subjects and sequence of subjects.The contents of the right of participating sacrificial ceremony include: participating the funeral ceremony and other sacrificial activities, manifesting one's identity,protecting the sacrificial things from bing damaged, and attending the other things concerning with sacrifice,etc. People,who enjoy the right of participating sacrificial ceremony,have the responsibilities for informing the other relatives,helping and cooperating with the other relatives and respecting the dead's will.Part three: classifying dissensions of the right of participating sacrificial ceremony from the angle of civil law.From the angle of judicial practice and according to the difference of the sacrificial forms and substances,the author divides the dissensions into two kinds: one which arises in the sacrificial ceremony and procedure and the other one which is caused by the sacrificial things.Then the author divides the two kinds into six types in detail.Moreover,every type of dissensions was analyzed at large using detailed cases.Part four: legal ways to protect the right of participating sacrificial ceremony.The author thinks that rules of protecting ownership, right of reputation and kinfolk can be applied to protecting the right of participating sacrificial ceremony,which have some faults, such as taking the matter as is stands,lack of plan,shortage of theory foreshadowing, not protecting it completely and so on.On the contrary,the doctrine of pubic order and good custom can more widely protect the right of participating sacrificial ceremony than the rules.Part five: concluding remarks.The author thinks that the right of participating sacrificial ceremony should only be protected as a kind of legal benefit in the present legal frame.As the dissensions about participating sacrificial ceremony become more and more prominent, judicial explanations or legislative regulations should be issued to unify the juridical criterion on this kind of dissentions and provide legal foundations,which makes it normal to protect the right of participating sacrificial ceremony legally.