Studies On The Legal Protection Of Dead Persons' Personality In China

Natural persons who lost their main body are called dead person. Personality right is a kind of specific right, and the death of main body will lead to the loss of personality right. Therefore, dead persons do not have personality right. However, it is the necessary for them having personality right. It is valuable to research this theoretical issue about protecting personality right of dead person or not. Personality right protection of dead person is based on the respects to the dead person and the satisfaction of their family member and offspring. Furthermore, it is also a kind of maintenance of social equity. It is the inherent demand of human right guarantee. The legal system on the protection of dead person personality is not perfect. This dissertation tries to propose theoretical evidence for protecting dead person through defining personality of dead person. It analyzes the current situation of personality protection in home and abroad and discusses the significance to protect personality right of dead person.This dissertation consists of four main parts besides introduction, conclusion, references, and acknowledgement.Chapter one is about the introduction of personality. To protect the personality of dead person, it is necessary to make clear the definition of personality. The dissertation defines it from different points of view and discusses its development. Meanwhile, defines personality and some conceptions involved.Chapter two is about the theoretical basis of the personality protection of dead person. This part mainly introduces the basic content of dead person personality, lists different theories about protecting personality of dead person at present and gives my own comments on them, and summarizes an ideal way to realize the protection of dead person personality. And this part analyzes why the foundation of personality protection system is according with this two value aims, that is, to protect human right and realize social equity and the main measure to realize this two aims.Chapter three is about the current situation of law system of personality protection of dead person abroad. This part introduces the current situation of personality protection of dead person in British and American law system countries, meanwhile the Continent law system which are representatives in this field. At the same time, the perfection of personality protection of dead person in China law system is discussed.Chapter four is the current situation of personality protection of dead person in China and its perfection. Firstly, the juridical and legislative situation about the personality protection of dead person is illustrated, and then the perfection of law system of personality protection of dead person is discussed.The dissertation expounds the current situation of personality right protection in China in the way of combining theory and practices and the necessary of founding personality mechanism from the point of view of human right protection and social equity. Furthermore, it analyzes the current situation of personality protection mechanism of dead person in home and abroad and the present problems and its reason, and points out the emergency to set up personality protection mechanism. At last, the author proposes some ideas about law mechanism about personality protection of dead person and expects to realize the ideal of protecting personality of dead person through setting up and perfecting law system.