The Property Of Sacrifice Right And Its Legal Protection

Along with the enhancement of public awareness of legal protection, more and more new type of disputes continue to emerge, which brings more and more new challenges to the judicial practice. This paper selected in recent years the rise of new civil rights--"sacrifice right" to carry out research and discussion. Sacrifice right back in a few years ago a man of too, but the use of the concept of is "sacrifice the interests" or "hold a memorial ceremony for rights and interests" that has not yet been will pay homage to increase the act as a type of rights. This breakthrough original ideas, direct close relatives of the dead Memorial behavior rise for a right should be protected by law, and from three generous face of sacrifice right "are expounded systematically.First of all, this paper by Mr Lee, Mr Tan,Mr Wang to pay homage to the rights and interests of the dispute case, leads to "pay homage to the right" the manifestation of the disputes in real life, and through the analysis of the case, summed up the focus of such cases mainly concentrated in two aspects: first, for the sacrifice right this not clear provisions of the law of new rights should be how to qualitative; second, the law should be how to protect the "sacrifice right", so that this new type of civil right has the justiciability.Secondly, through the first part of the case system analysis leads to the definition to the concept of "the right to hold a memorial ceremony for" in the second part, the concept and characteristics of sacrifice right through the further analysis of the nature of the sacrifice right should be a kind of right of identity, namely close relatives identity based relationship to the deceased relatives of the rights of mourning and grief, is attached to the right of identity and derived from the subsidiary rights.At last, this part is the core of this thesis, namely the law how to protect "sacrifice right".First, based on the analysis of the "right to hold a memorial ceremony for the protection of realistic significance, and through the second part summarizes the nature of claim right of identity claim; second, through the form of lists to pay homage to the dispute types in summarized and corresponding that pay homage to tort liability undertaking;finally, through existing laws" sacrifice right "to protect the is not sufficient. The author thinks, at present the sacrifice right into the law is not necessary, there is no feasibility,we can pass from the nature of " the right to hold a memorial ceremony for " start to protect the right of participating sacrificial ceremony ", is about the right of identity of enlargement explain, cover to the sacrifice right" in the. In this way, in the sacrifice right dispute, the basis of claim right letting nature take its course due to identity in interference claim, the court in the trial of dissensions case laws so that the parties legal pay homage to the rights and interests of a clear legal protection.