Research On The Ashes Of Civil Law's Tort Dispute

Civil Law is closely related to each one of us, is the source of citizens' personal rights. Its protection should from life beginning to life ending. The current law is not standard on the protection of dead interests which lead to mess in the judicial practice. In the development process of the Modern Civil Law, the protection of center gravity changes from traditional property and property changes to people' center protection. In brief, it's the return of human nature of Civil Law. In this paper, the first part mainly elaborated the case of Infringement Ashes at present and manage dilemma. Such as the definition of legal nature is fuzzy; there is "no legislation could be in accordance with " the ashes cases; the cause of action is not unified;the irrationality of compensation and its social effect. In the second part, this paper discusses the academic theory of ashes firstly which mainly include "the dead personality interest"; "the real right of ashes" and "the personality".All of them exist its limitation. The author combines the theory basis of the practice in the court and the applicable legal norms, exploring and seeking the problem which highlight in the cases of Ashes Infringement. The third part mainly elaborated the ideas and opinions to deal with disputes of Ashes Infringement. Combine "the dead personality interest" and "the spirit of the deceased survivor interest"; contact of the current legal norms and discusses and analyzes from the scope of the accuser, the cause of action, lawsuit prescription and relief way entity,which in order to seek a stable and powerful processing rules to guide practice. Finally, we briefly analysis some complicated problems of the ashes. This paper aims to analyze the ashes infringement which is kind of new, explore relevant conforms which is according with the judicial practice. We hope it will helpful and valuable to ashes infringement disputes in the judicial practice. With the society's rapid development, cremation will gradually become the main way of burial. And ashes transformed from the dead bodies. We should respect "the dead for the big" which is the Chinese traditional customs. The fair adjudication of the ashes infringement is the protection of the deceased, and also is the respect for living.