Research On Civil Legal Protection And Utilization System For Decedents' Remainders

Human beings lose their right capability after their death. Protecting decedents' remainders has already been confirmed theoretically and practically among countries throughout the whole world. However, there are different theories on the reasons and basis for the protection. Laws should be made on the basis of research and acquaintance of social life and different social classes' interests. From the practical perspective, any law-making should be directed by mature legal theories. Legal theories are of great importance to law-making, which directly determines the extent and mode legal benefits are protected. For protecting decedents' remainders, it is necessary to probe into the relative theory on the protection. The essence of protecting decedent' s remainders lies in protecting the material and spiritual benefits belonging to decedents' close relatives due to their special relative relationship with decedents. Regarding how to protect decedents' remainders and rights of decedents' close relatives, so as to make people alive pay more attention to human emotion, this essay puts forward the following arguments:This essay divides into five chapters. Before the text, there is a prelude, and after the text, there is an epilogue. The prelude touches the reasons why the author chose this topic fordiscussion.Chapter one makes definition of decedents' remainders. This chapter mainly makes clear the connotation of decedents' remainders by making comparison between decedents' remainders and bodies and relics, and makes clear the extension meaning of decedent' s remainders. Chapter two is about the jurisprudence basis for protecting decedents' remainders. This chapter summarizes the relative theories on the jurisprudence basis for protecting decedents' remainders, and puts forward its legal value purchase: Firstly, the spiritual benefits of decedents' close relatives should be protected, because the damage to decedents' remainders always does harm to material and spiritual benefits of their close relatives. Secondly, the protection is aimed to keep and maintain virtuous social fashion which mainly includes traditional conventions. Meanwhile, functioning the system, mainly represented by relic donation, accelerates scientific developments, boosts humans' capabilities to resist diseases, and makes humans healthier and happier. At the same time, relic donation can realize fraternity and affection in society, and boost moral level of the whole society.Chapter three discusses the legal status of decedents' remainders. The discussion begins from the topic of relic (corpse). This chapter firstly sums up the past relative theories, and then brings forward its views.Chapter four is about the protection and utilization of decedents' remainders. The protection of decedents' remainders is mainly as follows: Firstly, the regulations on the veto to the action of illegal usage are mentioned, and concrete disposals are discussed according to different situations concerning different illegal usages. Secondly, the regulations on the confirmation of legal usage are mentioned. The above-mentioned "legal usage" indicates the usage mainly on the basisof the written agreements between decedents' close relatives and the relative entities which are to receive corpses, and without prejudice to laws.Chapter five makes suggestions on perfecting Chinese civil legal protection and utilization system for decedents' remainders. Relevant disputes often happen, and they are not easy to be solved. There are several following issues relating civil legal protection and utilization system for decedents' remainders: Firstly, I hold that the intention expression of relic donation can be made by people themselves before their deaths, and also can be made by close relatives on the basis of mutual agreement. Secondly, with the improvement of humans' life quality, there should be more flexibility for the regulations on the subject to claim for damage compensation. Thirdly, the usage of relic shouldn' t be paid. Finally, the principle to handle disputes among relatives on how to deal with decedents' remainders should be made on the basis of making closer relatives more convenient.In the epilogue, the author hopes that there are more people paying attention to issues concerning making usage of decedents' remainders, so as to improve relative regulations, protect spiritual benefits of close relatives, make people alive pay more attention to human emotion and get rid of the feeling of isolation resulted by material abundance, and make human society a real warm and thoughtful one.