On The Civil Law Protection Of The Personal Interests Of The Deceased

The protection of personal rights of the dead has always been a hot topic in both Chinese and foreign law science. The protection of personal rights of the dead in China has become very serious with the development of economic,society and human rights in recent years. There have been many cases involving the protection of the interests of the dead. At the same time,it also aroused a heated discussion in academia.In accordance with the General Principles of the Civil Law, the capacity for civil rights begins with birth and ends with death. And There is not definite protection of civil rights and interests of the dead. Therefore, the focus of the academic science on this issue is that capacity for private rights after death and the protection of the personal interests of the dead and the protection of the method. In this paper, we will analyze the concept of personal rights of the dead and the existing theories of the fact that personal rights of the dead have always been violated and it can not be solved in a proper way. And perspectives will branch over the overseas relevant research. Also, in this paper, the author will put forward some reasonable suggestions on the protection of personal rights of the dead and perfect the legislative system based on current legislation and judicial practice, with a reference to foreign legislation and judicial practice.In detail, my thesis is divided into the following chapters:Chapter One focuses on the general theories over the system of protection of personal rights of the dead. In this part, the author will outline the concept of protection to personal rights of the dead. And this part will also explore the necessity and reality about the protection of personal interest.Chapter Two focuses on the legislative and judicial practice of the research on the extraterritorial theories. To perfect the system of protection to personal rights of the dead,the article will make a study of the protection of personal rights of the dead in several countries of Anglo American law system and Continental Law System.Chapter Three focuses on legislative improvement over the protection to personal rights of the dead in our country. In order to understand the practice of the protection of personal rights of the dead in our country, I have mentioned some typical cases in this field. Finally, my thesis discusses the obvious inadequacies in Chinese legislation. Making a reference to extra-territorial legislation, the author puts forward some legislation suggestions based on the current situation of China.