Research Of The Legal Protection Of The Deaths Personality Interests

According to Chinese civil law, the civil rights of natural person began in the birth and ended in the death. When a person died, his right ability will be disappeared, and no longer has civil rights. But whether the personality interest of the dead will no longer protected by civil law? Chinese civil law did not provide a perfect rule. However, in the judicial practice of our country, it is common to protect personality of the dead, so it's an important task to complete relevant legislation and let the problems of protecting the personality interests of the dead are no longer out of the range of the law. The personality interest of the dead is a complex definition. It is not only a legal issue, but also related to morality, customs and social policy and so on. In order to maintain the dignity of the human society and kindhearted customs, the law should protect the personality interests of the dead. The paper consists of five parts, the basic logical train of thought as follows:The first chapter raises the question by two cases, in order to shows the reality of protecting the personality interests of the dead, and also expounds its necessity.The second chapter emphatically discusses the connotation of the personality interests of the dead, introduce the related concepts such as personality, personality right and the personality interests and comb the relationship between them.The third chapter focuses on the different theories of protecting the personality interests of the dead in academic circles, and gives the author's analyses, at the last, find the most reasonable theoretical basis to support the dead personality interests' protection system.The fourth chapter is divided into two parts. One part is introducing the present situation of protecting of the personality interests of the dead in several countries overseas, including the common law system countries and the civil law countries. The other part introduces the legislation of protecting of the personality interests of the dead of our country, and raises the problems our country exists in this field.The fifth chapter through reasonable analysis proposes some suggestions to solve the problems that we have in the deaths personality interests protecting field, in order to build a more complete law system of protecting of the personality interests of the dead.This paper uses the methods such as literature analysis, case analysis, and comparative analysis, combining theory with practice, analyzes the reality and the necessity of building the system of protecting the personality interests of dead, discusses the related legal concept and theories of the personality interests protection, and to set out, to understand and to learn from the practices of protecting of the personality interests of the dead of other countries, analyzes the our country's current legislative status of protecting of the personality interests of the dead. On this basis, this paper analyses the problems that exists in the dead personality interests protection system in domestic, and puts forward some suggestions in order to improve the dead's personality interests protection system of our country.