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

The general provisions of the civil law stipulate that the civil rights of a natural person begins at birth and eventually dies.In other words,the civil rights enjoyed by natural persons,including human rights and property rights,are enjoyed at birth and have been lost since their death.These civil rights are associated with our lives,and they protect us from all stages of our lives.While with the death of a natural person,the capacity for civil rights enjoyed by the also will stop,but it enjoys the reputation of the still exist,such as name,portrait personality interests,and will not die with his death.For the deceased's personality interests,belong to the stakeholders,their relatives violated the interest the personality of the deceased,on the other hand is to infringe the interests of the deceased relatives,produce adverse effect to the close relatives of the dead.If the deceased was once a public figure,the damage to the personal interests of the deceased also harmed the public interest to a certain extent."The general civil law" regulation,however,only in the study of the personality interests to protect heroic martyrs,on the exercise of ordinary people for the dead personality interests problem such as subject,object of protection is not yet clear,therefore in order to solve this problem it is necessary to further discussion.The problem of the protection of the deceased's personality is also on the verge of law.For the protection of the deceased's personality,this is a question worth studying.Protecting the personal interests of the deceased,while showing respect for the deceased,also maintains the public interest of the society,promotes the progress of the rule of law society,and realizes the social civilization and development.In addition,the protection of the personal interests of the deceased is consistent with the value of the principle of public order in civil law.Therefore,it is of vital theoretical value and practical significance to carry out in-depth research on the protection of the personal interests of the deceased.This article will discuss from the following five parts:The first part elaborates the background and significance of the research on the protection of the personality of the deceased,as well as how to study and discuss the research methods and innovations.The second part elaborates on the conceptual issues related to the protection of personality interests,so that people can better understand the concepts related to them,which is a basis for understanding the following.Then,two views on whether the deceased enjoy the personality benefit in the theoretical circle,namely,the civil right of the deceased and the negative of the civil rights of the deceased are expounded and analyzed.The third part introduces the status about the dead personality interests protection legislation at present stage in our country,and analyses the present situation,find out about the personality interests of the existing problems in the current laws and regulations,and then expatiates on the necessity of protecting the interests of the deceased.The fourth part elaborated the foreign is how to protect the interests of the personality of the deceased,through to the Anglo-American law system and continental law system in this regard the comparison of legislation,to find out in the dead personality interests can draw lessons from them the place.The fifth part,in view of the current situation and existing problems of the above,find out how to perfect the protection of the personality interests of method,and from a different Angle to our country how to perfect the dead personality interests protection puts forward some proposals concerning the improvement of laws and regulations.a different Angle to our country how to perfect the dead personality interests protection puts forward some proposals concerning the improvement of laws and regulations.