On Civil Protection Of Deceased’s Economic Personality Interests

According to the traditional theory,personality rights,which appear and vanish along with natural person’s life,are exclusive and non‐property.Influenced by this theory,the General Principles of The Civil Law of The People’s Republic of China,published in1986,did not pay any attention to deceased’s personality interests.Thereafter,the Supreme People’s court evades the restriction of the theory,by stipulating that when deceased’s personality interests are invaded in some cases,the deceased’s relatives can get mental compensation as victims.With the rapid development of Chinese market economic,the economic personality interests start to appear.For example,celebrities use their images for commercial propaganda to get some considerable payment.While according to the current regulations,when someone pass away,personality interests vanishes at the same time,his relatives can not inherit the deceased’s economic personality interests.This protection, to some extent,is invading the benefits of the deceased and their relatives.On the basic of reviewing our legal protection for deceased’s personality interests,this article suggest that extending the connotation of personality interests to physical personality interests,mental personality interests and economic personality interests.Furthermore,we should also acknowledge that economic personality interests can be inherited.Considering the indirect protection that our judicial practice has adopted for deceased’s personality interests,we can make deceased’s relatives as victims to request legal protection when deceased’s economic personality interests are invaded.In a word,more and more people are calling for enacting personality right law independently,the appropriate protection for deceased personality interests is also necessary under this circumstance,which can also help constructing the harmonious society.