Legal Discussion On The Right Of Participating Memorial Ceremonies For The Dead

In the past few years, dissensions about participating memorial ceremonies for the dead 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 mainly four parts in this thesis:Part one: To discuss the concept of the right of participating memorial ceremonies for the dead. The author starts the article with analyzing the concepts concerned including"sacrifice"and"mourning", and finally the author thinks it more accurate to use"the right of participating memorial ceremonies for the dead". The author uses a large paragraph to analyze the activities of participating memorial ceremonies for the dead, 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.Part two: analysis of the basic problems on the right of participating memorial ceremonies for the dead. The author defines the concept from the angle of legal benefit. After carefully analyzing, the author thinks that the right of participating memorial ceremonies for the dead has the characters of clinging to one's identity, limited range of subjects and sequence of subjects. The contents of the right of participating memorial ceremonies for the dead include: participating the funeral ceremony and other sacrificial activities, manifesting one's identity, and protecting the sacrificial things from being damaged, etc. People, who enjoy the right of participating sacrificial ceremony, have the responsibilities for helping and cooperating with the other relatives and respecting the dead's will.Part three: classifying dissensions of the right of participating memorial ceremony. According to the procedure of holding memorial ceremonies for the dead , the author divides the type of dissensions into six types in detail. Moreover, every type of dissensions was analyzed at large using typical cases.Part four: legal ways to protect the right of participating memorial ceremony. The author thinks that rules of protecting ownership, right of reputation and kinfolk can be applied to protect the right of participating memorial ceremonies for the dead indirectly. Also ,the doctrine of pubic order and good custom can be used to protect it.Finally: The author concludes that the right of participating memorial ceremonies for the dead should only be protected as a kind of legal benefit in the present legal frame. As the dissensions about participating memorial ceremonies for the dead 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 legally normal to protect the right of participating memorial ceremonies for the dead.