Research Of The Legal Protection Of The Dead Personality Interests

According to the 《The General Principles of the Civil Law》 in our country, a citizen should have the capacity for civil rights from birth to death and shall enjoy civilrights and assume civil obligations in accordance with the law. Although a citizen no longer enjoy the personality right after the death, his personality interests still exist. When the dead personality’s interests are violated, how to protect their interests becomes the bone of content ion of civil law academics. So aiming at the unsolved problem, which is the dead personal ity interests violated in real ity, through to study related issues of the personality interests, this article explore the issue from two aspects of practice and theory, use scientific and reasonable regulations to protect the interests of the personality and put forward of proposal to consummate the personality interests protected by the law. I hope in the judicial practice in our country, it has certain help to the protection for the dead personality interest. On this basis,this article is divided into three parts to the dead personality interest related issues. The first part raises the question in the form of case, including related concepts of personality interests, the dead enjoys the personality right or the personality interests, how to locate the request body of the dead, how to determine the protection scope and how to apply the personality interests of compensation for mental injury.The second part is the focus of this essay. Firstly, statement the relevant provisions of thelegislation the personality interests in our country.Next, analyze the problems from these rules of protecting the personality interests that existing in the law in our country, including the general loss of personality benefit protection, unclear of the protection of content, too one fold for the request body, too one-sided of the provisions of the protection period, and unclear of how to apply spiritual damage compensation, and so on. This section, which is the premise to study the problem of the legal protection for the interests of the dead personality and come up with suggestions of subsequent problems, also set the stage.The third part through drawing lessons from foreign advanced legislation experience, put up with some suggestions. The Contents include protection of personality interests, generally clearing the deceased personality interests protection scope, supplying the personality of the request body, restricting the dead personality interests protection period, and discussing how to limit the interests of the personality of compensation for mental injury...