Research On The Right To Sacrifice

In recent years,the number of dispute over the right to sacrifice has gradually increased,but sacrifice right is not the right that is expressly prescribed by law.Therefore,the disputes caused by the memorial ceremony often fall into the state of lawless,and because the judges have different cognition and different adjudication standards about the right to sacrifice,thus affecting the unity and authority of the judiciary.Therefore,the right of sacrifice is worthy of our study and exploration.The article will follow the form of "putting forward problem-analyzing the problem-solving the problem".The article focuses on different types of memorial dispute cases and discusses main measures that adopted in judicial practice.First of all,the article puts forward the existence of the right to sacrifice.The article introduces the dispute of "the right to sacrifice" through two cases,and analyzes the case to find the general puzzles in the process of resolving the disputes of "the right to sacrifice" : first,what the basic concept of the right to sacrifice is;second,how to protect the right to sacrifice.Secondly,the article makes a legal analysis of the right to sacrifice.Through the historical analysis of the memorial ceremony,the article determines the connotation of the memorial.Memorial ceremony is emotional activity that people hold the ceremony to mourn or commemorate the deceased relatives,and it is the custom that people pass on spontaneously.The right to sacrifice based on sacrifice,and it is a due right that has been implicitly embodied in people’s ideas and current legal concepts.The article believes that the right to sacrifice belongs to the category of personality rights,belongs to the general personality right.Then,the article analyzes the subject,object and content of the legal relationship involved in the right of sacrifice.Thirdly,the article summarizes the types of infringement of the right to sacrifice.The article divides the cases into three categories by collecting relevant cases involving the right of sacrifice: one is the memorial dispute in the funeral ceremony,the second is the memorial dispute caused by the related materials,and the third is the memorial dispute caused by the tombstone signature.And on this basis,they can be divided into eight specific types of memorial disputes.And then,the article determines the different types of infringement of the right to sacrifice in different disputes,and analyzes the core issues of judicial practice in different types of disputes.Fourthly,the article proposes the protection of civil law of the right to sacrifice.The article believes that the protection of the right to sacrifice should follow some principle: the principle of distinction between the inside and outside,the principle of respect for the deceased and the principle of good public order and custom.On the basis of the third part,the article analyzes the constituent elements of violation of the right of sacrifice,including tort,damage facts,causality between them,and subjective fault.If the other person infringes upon the right of sacrifice,the means of taking responsibility include stopping the infringement and excluding the obstruction,apologizing,compensating the loss and eliminating the influence on the restoration of reputation.Finally,the article puts forward the supplement to the question about the generalization of rights,and provides ideas for dealing with sacrifice disputes in practice.