On The Civil Law Protection Of The Memorial Right

With the general improvement of people's awareness of rights protection,the new civil disputes of the right of memorial ceremony have gradually entered the public's field of vision.Due to the fact that our country's laws have not clearly defined them,the complexity and universality of disputes over the right of memorial ceremony have brought many challenges to judicial practice.In judicial practice,the concept of the right of memorial ceremony is often used in court cases and many scholars' articles.People have become accustomed to calling it rights.This article will also refer to the concept of the right of memorial ceremony and consider it necessary to raise it to a statutory right to protect it.The first part of the article introduces the evolution of the traditional custom of memorial service,which leads to the definition of the concept of the right to sacrifice.Through comparative analysis,the nature of the right to sacrifice should be an independent personality right.This paper further analyzes its legal characteristics and summarizes the content of the right of memorial ceremony.The second part discusses the disputes and deficiencies of the protection of raising the right of memorial ceremony in judicial practice,summarizes the relevant cases,analyzes whether the burial wishes of the deceased can be used as the basis for the protection of raising the right of memorial ceremony,and the controversy of the main body determining the funeral matters.This paper analyzes the deficiency of this kind of cases in the application of damages and then summarize the problems in judicial practice.In the third part of the article,the author analyzes the jurisprudence and legislative provisions on the right of memorial ceremony in Taiwan,Japan,Germany,and the United States and the United States,and analyzes the feasibility of its application in China in combination with specific systems.The last part is the core of this article.First,the possibility of raising the right of memorial ceremony to the legal independent personality right is proposed.This paper discusses the deficiency of the existing path of protecting the right to sacrifice in our country,and points out that the content of the right of memorial service includes: infringing upon the right to be informed of funeral news,infringing upon the right to decide funeral matters,and violating the right to preserve the integrity of burial.Secondly,to improve the protection system of the right to sacrifice,we should follow the burial will of the parties as the basic principle and propose solutions such as the protection of the right to sacrifice.This makes the court have a legal basis for hearing cases of disputes over the right of memorial ceremony,and can better protect the right of memorial ceremony of the parties.