The Protection Of The Dead Personality Rights

The article based on deceased personality rights infringement cases which have taken place frequently, although Courts according to the Supreme People’s judicial interpretation made some decisions, the attitude of the deceased personality rights’ protection which in the judicial interpretation differ over again and again, which Lead to the final result that same case come to a different judgment. Chaos theory eventually causes confusion in the practice. The theoretically controversy that where place the right personality of the deceased have a long time, but never did break from the ethical attributes of personality, so that the people comprehend that the main problem about legal subject just to stay on top of the natural attributes, the human body spirit rarely addressed.The article is divided into four chapters, which can be divided into general idea to ask questions, analyze the problem, and finally solve the problem. In the introduction part of the article is mainly through the typical cases of the deceased and theoretical controversy of the deceased personality right reveals that how to protect the right of deceased has become an important issue which we must face. But the theory about protection of the deceased personality rights still can not be recognized. The reason is that "legal capacity" which the creation of law and lose when people die, which has become a major obstacle. Although controversy has a lot of, the positive that deceased personality rights should be preserved agreed by scholars happen to coincide, because the deceased personality rights exist objectively. The first part employed historical retrospective method, inductive method of reasoning and comparative analysis to clarify the essence of the meaning of personality. Through personality in the evolution of social and historical development reveals the ethical attributes of personality. Two methods demonstrate the eternal existence of personality basic value connotation, which is the core and innovation of article. The second part aimed to reveal the necessity of deceased personality rights from defects of laws, Personality rights and legal philosophy compatible on and the continuation of the human spirit civilization. The third part compares practice in the protection of the right of personality of the deceased in common law, civil law and areas of Taiwan, analyze the pros and cons of the differences are. The fourth part of the article is designed to make some constructive comments which how to protect the right of personality of the deceased on the legislation, especially in the deceased personality rights return home in civil law, infringement liability and property interests in personality make recommendations to improve related issues.