A Study On The Personality And Moral Protection Of The Dead

Personality right is the cornerstone of the legal order.Protecting and realizing human dignity and personal freedom are the basic values of civil law.The expansion and development of this idea has promoted the protection of the right to the person no longer limited to those who survive,but extends to survival.Before the birth and death of the person,it is necessary to regulate the personality of the deceased.Personality interests include both spiritual and property levels.However,in theoretical research,the protection of the deceased's personality is mostly studied from an overall perspective,and analysis from the perspective of spiritual interests alone is still rare;and the law of personality rights is "case law".Therefore,it should be related to specific judicial decisions and to explore the application of law from them.Under such a concept,this article starts from the perspective of spiritual interests,and pays attention to the judgments of the deceased on the protection of the deceased's personality made by the courts in various parts of China.It analyzes the current situation in China.The protection model adopted and the specific framework for its implementation put forward its own views.This article is divided into four parts.The first part is the introduction,which introduces the source of the research topic,the scope of the research,the current research status,the research significance and research methods.The second part examines the status quo of the protection of the moral interests of the dead in China.An analysis was made at two levels,summarizing issues such as the lack of coordination between various departments in the emergence stage,and the stand and attitude of the Supreme People's Court being "discounted" during the enforcement of the local courts;the third part examined the process and model of protecting the moral interests of the deceased outside the region.Compared with experience,it compares the direct and indirect protection modes from the two levels of landmark judgment and theory,and summarizes them from three aspects: protection philosophy,specific methods,and specific standards for establishing protection modes.The fourth part puts forward suggestions for protecting the moral and moral interests of the deceased based on the experience of foreign countries,combined with the status quo of China's legislation and the problems in judicial practice.Its path selection should adopt the indirect protection model,and demonstrate from the current civil law system,the level of the court's interpretation of the applicable law,the characteristics of indirect protection,and traditional customs.The specific structure of its realization of the indirect model is the right to mourn.The establishment and protection,and then demonstrated the establishment of the "right of mourning" from the two dimensions of general personality rights and customary law.The three issues of "right of mourning" are the right to sue,whether there is an independent right to sue,whether there is a restriction on order,and the countermeasure when there is no close relative The attribution subject was analyzed,and the basis of the claim was clarified from the specific basis cited in the law;its protection period should be the life period of close relatives.