Research On The Legal Problems Of The Protection Of The Personal Interests Of The Dead

The protection of personality interests after the death of citizens has always been a hot topic in Chinese and foreign legal circles.In recent years,with the rapid development of the information age,the problem of infringement on the personality interests of the deceased has become increasingly prominent in China.In practice,cases involving the protection of the deceased's personality interests frequently occur,which has aroused widespread debate in the theoretical circles and judicial practice.Scholars have put forward their own views one after another,and legislators have constantly introduced relevant laws to regulate the issue.Based on this background,this paper will be based on social reality,analyze the current situation of the protection of the deceased's personality interests in China,put forward reasonable suggestions to protect the deceased's personality interests in China,and improve our legislative system.This paper is divided into four parts:The first part is to discuss the theoretical basis of the legal protection of the deceased's personality interests.Starting from whether the deceased enjoys the right of personality,four theories about the deceased's personality interests in the theoretical circles are deeply interpreted,which lays the foundation for the whole article.The second part explores the current situation and shortcomings of the protection of the deceased's personality interests in China.Starting from the specific personality interests of the deceased,on the basis of the legislative and judicial interpretations at the present stage in China,and based on the actual development of our country,we find the deficiencies in the protection system of the deceased's personality interests.For example,the impact of subject differences on the protection of the interests of the portrait of the deceased? How to prevent the perpetrator from benefiting from the interests of the deceased's name? How to grasp the boundary between reputation interests and freedom of speech? How to protect the privacy of special subjects? And through the interpretation of typical cases in practice,the above doubts are explained concretely.The third part introduces the extraterritorial investigation of the protection of the deceased's personality interests in civil law.Through the analysis of the legal status quo of the protection of the deceased's personality interests in common law countries and civil law countries,this paper further summarizes the advanced experience worthy of our reference.The fourth part discusses the perfection of the legal protection system of the deceased's personality interests.Through the analysis and comparison of the firstthree parts,the author clearly points out the feasible suggestions for the protection of the deceased's personality interests at the present stage in China.In this chapter,the author gives an accurate and reasonable response to the problems mentioned in the previous article,so as to make the article more complete.