The Basis Of Standardized Claims Of Memorial Right

Filial piety,loyalism,respect for elders and other ethical values are highly praised in China since ancient times,these core values are protected by many social norms and institutions in the complex social life,except these executable social norms,there are moral values and public opinion to protect them with emotional.In these protection modes, "memorial" is one of the most indispensable way.In modern society,intrinsic value of memorial is closely linked with economic benefits,identity interests and human dignity these what social individual carry out.Memorial become an activity that people urgent desire to protect.But the law pursue "Legalization rights",although the memorial right has existed since ancient times,it has no legal status in the modern sense,that is very embarrassing at the level of legal protection.From the current judicial practice, courts around the country eventually protect "memorial",but memorial right is not the "Legalization rights",counts have to take different legal norms to protect it,or the plaintiff have to change their memorial right to "property interests" "identity interests" in order to ensure their memorial right is protected by counts,they do not directly request protection of memorial right,the cause of this unreasonable phenomenon is that different people have different cognitive about the nature of memorial right.Therefore,this paper is trying to analyze two typical Cases to make clear the relationship between rights and legal interests,and analyze the legal interests of memorial right as well as how to figure out the responsibility principle when memorial right was violated,thus explore normative basis for request right of memorial right.This paper is divided into four parts:The first part describes the case, the court's judgment and the focus of controversy.Through the introduction of this part of the case in order to refine the focus of controversy.The second part is the legal analysis of relevant issues.this part is trying to make sure how to give memorial right legal support in the debate between "Legalization rights" and "Liberalization rights",if we decide to protect it in this way, then how to determine the conditions for its protection of the memorial right as the representative of legal interest,and further explore the legal interest value of memorial right in order to support the rationality and feasibility when take "Tort Liability Law" to protect memorial right.The third part is re-analysis these two cases on the basis of this paper's point of view,and though re-analysis these two cases to analyze what the similar cases will bring us.