Research Of Civil Protection Of The Personality Interests Of The Deceased

The establishment of system of personality rights in our civil law makes civil subject to the full enjoyment of human dignity, our General Principles of Civil Law have given the right of name,portrait, privacy to the civil subject. According to civil law, the civil rights of a natural person begins at birth, and finally death. Therefore, with the death of the natural person,he no longer has the capacity for civil rights, and no longer enjoy civil rights. This means that the deceased are not entitled to civil rights, but that does not deny that certain personality interests of the deceased’s should still be protected by law.From the point of Chinese scholars and the courts against such judgment in the case, with the death of the natural person, the personality interest of its reputation, name, and privacy interests remain unaffected by the illegal infringement. This article aims to establish the system of interests of the deceased personality protection. From the angle of the legal protection of the deceased personality interests,the author described the related doctrine of our academic existence on the protection of the deceased personality interests, explored two different paths to protect the deceased personality interests, summarized the relevant laws and regulations on the protection of deceased personality interests in our country and abroad, and put forward legislative proposals. Not only from the protection of the deceased interests, but also from the perspective of the protection of the public interests of society, the protection of the deceased personality interests has its necessity and legitimacy. In order to protect the deceased personality interests comprehensively and effectively,I argue combine of two protection paths, in order to achieve comprehensive protection purposes. Protection of the deceased personality interests is not indefinitely,and the claims who enjoy the right to protect deceased personality interests also has a limit.Therefore, the establishment of the deceased personality interests of the protection system should balance the various interests, both to protect the freedom of the behavior of the living, also makes the deceased personality interests is not a trespass. Only such a system can really play the purpose of maintaining the social order.