Legal Consideration On The Disputes Of Participating In Sacrificial Ceremony

Disputes over the right of participating in sacrificial ceremony have been greatly increased in judicial practice since its first appearance in2001. However, this right has not been expressly stipulated by the existing law. resulting in different verdicts for same cases, thus damaging judicial authority. Therefore, it is necessary to analyze such disputes, especially interests in terms of law, in order to handle them properly.This thesis consists of five parts, arranged according to the path of "status quo—theoretical analysis—suggestion of solution". It uses analysis and induction as methodologies and focuses on the research of the legal status of the memorial interest and its qualification of judicial protection.Part Ⅰ:introduces the judicial practices of disputes of participating in sacrificial ceremony and indicates the necessity of the research.Part Ⅱ:firstly explains the concept of the disputes over the right of participating in sacrificial ceremony and gives a brief classification; and secondly clarifies the attitude the courts hold towards such disputes and the reasons for it according to the cases collected.Part Ⅲ:further explores into memorial interest, the core of the disputes, in legal terms from the aspects of ethics, rights, and interests. Memorial interest belongs to the category of;idue right" rather than legal civil right. In the three levels of interests, memorial interest is legal interest which is under the protection of tort liability law. However, whether to initiating lawsuit to protect memorial interest should be decided by public interest oriented criterion. Besides, recognition of law interest should follow a certain way.Part Ⅳ:discusses the solutions of disputes of participating in ceremony and proposes the principles to deal with these disputes. Corresponding methods of solution are put forward for different situations, such as disputes between close relatives, disputes between relatives and others, disputes involving sacrificial things and disputes which involving both breach of contract and tort.Part Ⅴ:reasserts and summarizes all the viewpoints of this thesis.