Research On Legal Protection Of Sacrificial Interests

Sacrificial activities are the result of the Chinese nation's historical culture and ritual culture.With the progress of society and the strengthening of the concept of the rule of law,many new rights and interests have been extended.In recent years,there has been a frequent occurrence of sacrificial interest disputes.However,the protection of sacrificial interest by law is not perfect,which leads to chaos in judicial practice.Therefore,it is of theoretical and practical significance to take sacrificial interest as the object of discussion.Scholars generally agree that the interest of sacrifice belongs to the personal right,but there are differences about its specific nature.It can be divided into the theory of identity rights,the theory of independent personality rights and the theory of general personality rights.The sacrificial interests mainly include participation in sacrificial ceremony,possession and management of sacrificial objects,and signature on tombstones and other sacrificial material carriers.The author through to the large number of case studies found that harm the interests of the sacrificial is mainly the following several ways:the person did not tell others about the fact of one's death,the person did not perform the auxiliary behavior to realize the sacrificial interest,cut out the names of the people who sacrifice to the interests on the tombstones without authorization,the deceased's living wishes infringe upon the interests of the sacrifice.At present,China's sacrificial activities are mainly protected by public law,with emphasis on the maintenance of social order,in the trial,the interest of sacrifice is indirectly protected according to the principle of public order and good custom,civil custom,general provisions of tort liability law,right of reputation,right of kinship and other systems,while the protection of private law is not perfect,there are some problems such as unclear property of sacrificial interest,the range of people who enjoy the interests of sacrifice is unclear,difficulty in defining damage behavior,imperfect scope of compensation for spiritual damage,compensation method and compensation standard.The author thinks that the nature of sacrificial interest should be defined first,and then a specific legal provision is perfected and supplemented by legislative interpretation,in this way,the scope of sacrificial interests and the order in which sacrificial interests are exercised internally and externally are clarified,the manifestation of sacrificial interests is determined,the scope of compensation forspiritual damage,compensation methods and compensation standards are improved,at the same time,in order to better realize the protection of sacrificial interests,we should let morality adjust sacrificial activities together.