On The Civil Law Protection Of The Person 's Interest Of The Dead

In recent years, disputes on the personality interest of the deceased occurred from time to time. When the personality interest of the deceased are violates, how to protect it in civil legal catches the eyes of social all circles. In our jurisprudential circle, scholars’ study passion for the protection of personality interest is rising and has been putting forward many ideas from different dimensions. In judicial practice, the Supreme People’s Court promulgated a series of related judicial interpretation, while some local courts have made beneficial exploration about protection of personality interest of the deceased. However, it should be noted:in the field of academic research, the best way to protect the personality interest of the deceased is inconclusive; in law legislation, the protection of the personality interest of the deceased is not yet mature; In judicial practice, the questions of subject of claim, object of protection, term of protection is not clear, which should be discuss in the further.In this paper, on the foundation of clarifying the concept of personality interest of the deceased, the popular opinions in the jurisprudential circle and status of it oversea, the author proposes "protection of the personality interest of the deceased" and raises some improvement proposal on legislation and justice. The body of the work includes six parts in the following:Part1:The reality and necessity to protect the personality interest of the deceased. Through introduction, analysis and value judgment of the relevant cases, the author testimony the reality and necessity of the protection of the personality interest of the deceased. Meanwhile the author finds the problem of the protection system of personality interest of the deceased. How to resolve the problems is the primary issue in this paper.Part2:Clarify several connotation related to the personality interest of the deceased. Making clear what personality is, what personality right is, what personality interest is and relationship between them. Thus definite the connotation of the personality interest of the deceased. All these definitions are the starting and focus.Part3:Discuss academia several major doctrine on the protection of the personality interest of the deceased. And analyze limitations of each theory. What’s more, the author proposes "protection of the personality interest of the deceased". Part4:Introduce the foreign status about the protection of the personality interest of the deceased. Through inspection of the protection status in Common law and Civil law states or regions, we can absorb some good experience and ideas for our protection system.Part5:Situation of our legislation on protection of the personal interest of the deceased. Introduce and analyze four judicial interpretations in our judicial practice.Part6:Raise some improvement proposal on legislation and justice. In the legislation, the regulation on protection of the personality interest of the deceased should be improve further; in the justice, set up claim regime of protection of the personality interest of the deceased.