Practical Analysis Of Memorial Disputes

According to data from the China judicial documents website,the number of memorial right-related cases increased year by year from 2012 to 2018,from less than 10 cases in the first year to dozens of cases in the current year.The concept of memorial right has been gradually accepted by courts in judicial practice.However,due to the different customs and customs in different places,the subjective understanding of judges is different,and there are no specific provisions in the law,resulting in the conflicting judgments in different places.It is imperative that the right of memorial be changed from customary right to legal right in order to achieve the same judgment in such cases.In this article,through the four main case,including He Jia v.He Yi tombstone of authorship infringement case,v.(Chen yun,Mr Chen is in breach of Liu Xuhua death time accompanying notification obligations,Wang Cheng cheng v Chen Xiaoxiang,memorial Wang Cheng kam infringe on rights and Han Huanling v.zhang xi festivals right infringement case analysis,that the “right of memorial ceremony“ should be elevated from the transitional stage of the new civil right to an independent right of personality and the legal protection of the right of memorial ceremony.