On The Protection Of The Honor Of The Deceased In My Country's Civil Law

Does the death of a person in modern society mean that the right of reputation no longer exists? From the perspective of Anthropology and psychology,it is believed that every member of human society will have the desire for reputation.Then,as a member of society,after his death,does his reputation still need to be protected? If protection is needed,how to protect it? At present,there have been many cases about the reputation disputes of the dead in China.Whether it is the typical cases involved in the research on the protection of the personality interests of the dead,or the outstanding cases in recent years,such as the "five heroes of Langya Mountain" reputation disputes,Zeng Yonghua reputation disputes,Lu Ting and other heroic martyrs reputation disputes,all show that the reputation protection cases of the dead have occurred around us,It is related to everyone's normal life,which urgently needs to be properly dealt with by civil law.After World War II,the related theories about the personality interests of the deceased developed rapidly in the world.Nowadays,most of the theories agree that the reputation of the deceased should be protected by law.However,how to combine the theory of civil law with civil practice to give a fair and reasonable account to the near relatives of the deceased and the society is still in the process of exploration.This article will start from the actual case,from the perspective of case analysis of relevant legal issues,through the discussion of relevant theoretical issues,stay in the legislative and judicial practice,the article uses case analysis and theoretical analysis,comparative analysis and other methods to study,hoping to help improve the reputation protection of the dead in our civil law.This paper discusses the protection of the reputation of the deceased in China's civil law.The full text is divided into five parts.The first part is the introduction,which introduces the research background,research significance,research status,research ideas and methods.The second part is the summary of typical cases and controversial focus issues.This paper introduces the theme of the protection of the reputation of the deceased in two cases,briefly describes the case and the trial,and finds out the commonness and characteristics of each case by introducing more cases,and sums up the controversial focus of the civil law protection of the reputation of the deceased in China.The third part is about the legal analysis of the focus of case disputes.Starting from the connotation of the reputation and right of reputation of the deceased,after understanding the reputation and right of reputation in theory,this paper makes a legal analysis on the focus of the previous part of the dispute,combining with the cases one by one,and probes into the specific situation of the trial cases of reputation protection of the deceased in China's civil law.The fourth part is about the provisions and deficiencies of the protection of the reputation of the deceased in China's civil law.Around the legislative process of the protection of the reputation of the deceased in China's civil law,this paper points out some problems that still exist.The fifth part is about the improvement of the protection of the reputation of the deceased in our civil law.This paper puts forward some thoughts from the perspective of legislative perfection and judicial perfection.In general,we have full confidence in the protection of the reputation of the deceased in the future.