Research Of Direct Protection Of The Deaths Personality Interests

The traditional civil law theory defines that qualification of civil subject will expire since the death of the natural person. Additionally, the specific personality right will invalidate inevitably with the loss of the subject, and this right cannot be protected and constrained by law. With the increasing concern of the concept of human dignity and the infringement actions encroaching on personality of the deaths, justice practice of China have to establish general actions and regulations to protect the personality of the deaths. However, because of the lack of the specific legal rules, there are various opinions, which will hinder the scientific protection of personality interests of the deaths. Because of this, in order to confirm and establish the mode of protection system for the personality of the deaths, it is necessary to analyses various theories. China now is in the process of the establishment of personality right and unification of civil codes in the future. Therefore, it is necessary to break through the constraints of the notion of the traditional civil codes. Under the precondition of the guarantee of the stability of the civil law, it is better to pursue the innovation of the mechanism. This research applies the previous experience of the comparative law and the civil law of China to point out the direct protected mode for personality interests of the deaths, which can overcome the internal contradictions and obstacle of other theories. Firstly, admitting those can be separated from civil subject and can show the personality factors of personality image of the deaths continually, which can conclude that the existence of the personality profits of the deaths. Then, through establish the partial capacity for right of the deaths to admit that the deaths have the civil subject qualification in the field of the personality right and this kind of qualification should be protected by the law. Finally, this research aims to expand the content of the personality right, confirm the spiritual profits and property personality interests of the deaths, and apply various and specific ways to protect it. In the end of this research, it points out other particular suggestions to protect the personality of the deaths, such as. establishment of the mechanism for the protector of the deaths and confirmation of the length of the period of the personality of the deaths. Perfect the protected mechanism of the personality of the deaths, and at the same time, promote the development of the mechanism of personality right in China.