Civil Law Protection Of The Personal Interests Of The Deceased

The deceased's personality interests refer to natural person's posthumous object or its personality translating to material and spirituality.It include two parts referred above.When a person died,his rights ability will disappeared,but its personality elements will not disappear and will be transformed into the existence of the deceased's personality interests,which reflects the entire life of the deceased.In the judicial practice,there are many illegal tort cases.For example,many people illegally use or damage the dead body,insult or slander the reputation of the dead.Although the deceased's personality interests are generally protected in the judicial practice,Chinese legislation lack of related regulations.This article focus on exploring how to protect the deceased's personality in civil law better.The full text is divided into four parts,including the following aspects:In the first chapter,we mainly introduced the basic concepts on the deceased's personality interests issues existing in our civil law.This part defined the concept of the deceased's personality interests and put forward its particularity.Then section clarifies the category of the personality interests of the deceased,including the material interests and the moral interests.It analyzes and compares the difference between the civil law protection of natural person's personal interests and the deceased's personal interests.Therefore,we can draw the particularities of the civil law.And finally,we elaborated the civil law protection's basis of the deceased's personality interests.Chapter two is a detailed analysis of the civil law protection of the deceased's material personality interests.In this part,we summarize and comment on the theories of the dead body's legal attributes and then define the legal nature of the dead body on this basis.Finally,we discuss the specific application of the basic principles of civil law,the Property Law and the Tort Liability Law in the protection of the dead body.The third chapter is a concrete analysis of the civil law protection of the deceased's spiritual personality interests.In this part,we firstly sort out and analysis the theories of protecting the deceased's spiritual personality interests.And then we summarizes the value of the deceased's spiritual personality interests,including the spiritual value and the property value.Finally,it expatiates the protection method of the deceased's spiritual personality interests and the specific application of the Law of Tort Liability in the protection of the deceased's spiritual personality interests.The forth part introduces the current status of legislation on the protection ofabout the dead personality interests in China,and make legislative suggestions.By analyzing the judicial practice and legislation status of the the deceased's personality interests protection in civil law in China,this part summarizes the problems existing in the protection of the deceased's personality interests protection in civil law,and proposes legislative suggestions to improve the protection of the deceased's personality interests in civil law.