On The Right Of The Statutory Memorial

In recent years, with the gradual improvement of people’s legal awareness, more and more attention of new social rights. Such as: "Virginity rights", "kiss right", "right lighting", "personal information rights", etc. The new rights have been favored by many experts and scholars, have been asked to be legislative protection. The author believes that a new type of legal rights, on the one hand is the need to have their own legal value and significance,on the other hand is not enough to protect the lack of a decision based on the current legal system, and not just because "trendy" and advocacy of individuals and blindly into a "right generalization" of the cycle. Of course, for some of the issues, the law also needs to be further improved, for example: to pay homage to the right.Since the first case of the right to pay homage to the case in Beijing sentencing, more and more different types of cases around the resort to the courts.However, because we have no legislation in this regard, no laws around the court during the trial, and many cases are only criteria of legal principles and traditions, resulting in judicial practice in such cases the referee mixed, even contradictory. Therefore, I believe, for this close contact with people’s lives, and there is a significant impact of the new cases, it is useful to explore the significance of research.In this paper, the structure is mainly composed of four parts: The first part is the meaning of the right to pay homage, from how to define the right to pay homage to start. Firstly, the study of history and pay homage to our country, to find out the reason why the custom in our country to pay homage to the long-term presence, and thus better able to judge whether or not to pay homage to the right protection. Then the article in terms of meaning, characteristics of Chinese legal concepts such as the right to conduct a comprehensive definition of the memorial, to be adjusted to find the civil law to protect the right to pay homage to the cause. The second part of the study is to analyze the type of violation and pay homage to the interests of the damage. Typical examples in recent years,studies find realization of the right to pay homage to the existing problems in our country,for the right of courts to resolve disputes and pay homage to the practice of summarizing(successful practices and deficiencies). The third part of the proof of the legal right to pay homage to the necessity and feasibility. This part of the feasibility study by the need to pay homage to the right and once again demonstrates the importance of the right to determine the right to pay homage to the theory, but also for the chapter on Infringement of the right to bear the responsibility to pay homage to provide a theoretical basis. The fourth part is to pay homage to the right of the preliminary inquiry Infringement and responsibilities. Payhomage to the right is currently no statutory China is still a concept of how to protect, in reality, how judges ruling is still a proposition is not an effective solution. This section defines memorial rights violations against its tort type of induction, as the law currently provides a guide on how to protect the interests of the memorial.