Study On Basic Theory Of Deceased's Reputation

Reputation of the deceased refers to the social evaluation of the people's opinions,behaviors,moral character and talents during one' s lifetime.Some people regard reputation even more than life.In other words,if life is the body of man,then reputation is the coat of life.Society is so focused on people's reputation,Whoever he is,Whatever his social economic and political status,he should have his own reputation.Reputation matters to one's spiritual and property interests.Society should encourage people to acquire a good reputation that conforming to social requirements,protecting the right of reputation can save people from mental pain and maintain personal dignity.When a living life die,How does the law regulate the unreal evaluation of his actions and bring about a series of adverse effects?A man who has died were no longer the subject of right,what is the protection of his reputation?Is it the public interest,or is it the interests of the deceased close relative?It is not settled in judicial practice that which subject should be protect,is the reputation right of dead or reputation of dead?In educational circles,the theoretical basis of the protection of deceased's reputation includes Theory of rights protection,Theory of inheritance personal interests,Theory of protect legal interest of deceased,Theory of protect interests of close relatives.Accord to civil law principle,Theory of protect interests of close relatives were better than other theories.But it still has shortcomings that need to be corrected.The article is divided into the following six parts.The first chapter introduces the thought of the protection of the deceased's reputation from the definition of reputation and right reputation.Through the thinking of the classic cases of the deceased's reputation and the judicial interpretation of the personality benefits to think about the question--Does the deceased have the right of reputation?From the perspective of the right ability and the distinction of reputation,reputation right and reputation interests,whether the deceased still has the right reputation to exist.?The second chapter mainly introduces the viewpoint of different theory of reputation protection of the deceased,including protection of the rights of the deceased,protect inheritance of personality,protect legal interest of deceased and theory of protect interests of close relatives interests.Chapter three analyzes the merits and demerits of each theory,protection of rights is contrary to the existing theories of civil subject.The inheritance of personality interests ignores that spiritual interests cannot be inherited,it also violate the independence of personality rights.Theory of protect legal interest of deceased confused public interest and private interest,it didn' t realize interest that is protected by law is right.The forth chapter discusses the essence of the protection of the deceased's reputation from the perspective of private interests and public interest.From the perspective of private interests,the protection of the deceased's reputation is related to the interests of close relatives,the value and status of the individual and the protection of the stakeholder of the deceased.From the perspective of public interest,the protection of the reputation of the deceased is influenced by the traditional thinking and the principle of public order.The protection of the reputation of some special victims is to protect the public interest.From the perspective of Chinese and foreign countries' attitudes and ways of protecting the deceased's reputation,it can be seen that different countries have different emphasis on protecting the reputation of the deceased.In chapter 4,we explore the rationality of the protection of close relatives.It includes the legitimacy of the right of claim of close relatives and the active role of close relatives in the indirect relief of the victim's reputation.It also indicates that there is some improvement in the Theory of protect interests of close relatives.For example,let close relatives indirectly protect the deceased's reputation can not fully protect deceased's reputation.In some cases,some personality interests exist in people other than relatives.When it comes to social and public interests,we need balance the reputation of the deceased and freedom of speech.Another question is how to set the deadline for the protection of the deceased's reputation?Chapter six is the conclusion,summarizing the question of the deceased's reputation,and emphasizing the temporal nature of the law.