Legal Protection Of The Memorial Right

In today’s society, with the rule of law and the rights to promote the constructionof a strong atmosphere, people’s growing awareness of the law, once the partiesbelieve that their rights have been violated, they will take legal action to seek legalremedies, it is worthy of recognition, but this problem will tend to bring the courts, avariety of new rights dispute after another, but always lag developments in the law,when the law prior to the development of judicial practice, how to deal with suchdisputes. As a new memorial disputes rights disputes the admissibility of thegrassroots courts in recent years, an increasing number of cases, because the law doesnot specify this right, so in practice the courts for the right to have a variety ofdifferent kinds of understanding the results are often very different judgments,suggesting that in judicial practice how to handle disputes memorial there is a bigcontroversy, which seriously affected the judicial authority, that right does exist forthe study of necessity and reality.This paper analyzes the way a similar case to proceed, the use of analysis,comparison and inductive methods, analysis of existing laws, such as the "TortLiability Law","general rule of the civil law" and "the spirit of the Supreme Courtregarding the determination of tort liability for damages explain a number of issues"on the basis of current views on the nature of the memorial will be positioned as ageneral personality right, and then analyzes memorial disputes pending problems citedthe specific content of the right to pay homage, and the legal rules applicable byanalogy reputation so too the support, maintenance and dependents conclusion doesnot constitute a restriction on the right of the memorial. Finally, by describing theorientation and mental damages provisions of the relevant law of value, identified inthe applicable pay homage to hear disputes moral damage compensation system,based on this analysis and then one way to take responsibility and applicablestandards. In this paper case to the order of clues from the court should accept the courthow to deal with the tortfeasors defense then how should the court judgment, anattempt to provide a guide for the entire trial settlement of disputes, so as to protectthe rights of people to pay homage to provide the right more favorable way.