The Civil Law Protection Of The Deceased's Personal Interests During His Lifetime

Article 13 of the General Principles of the Civil Law of China clearly states:"Natural persons have the right to civil rights from birth to death,and enjoy civil rights and civil obligations in accordance with the law." It can be seen that after the death of a natural person,the corresponding civil rights are It disappears.However,does it still have some personal interests?If so,how should these interests be protected?Who will protect it?How long is the protection period?My national law does not make detailed provisions and explanations on these issues,which leads to the constant change of the theoretical basis applicable to the courts in judicial practice.There are also many different theories and controversies in the academic world.There is no unified one at present.Persuasive doctrine is applicable to justice.However,no matter how many disputes and different theoretical basis,most scholars believe that the deceased's personal interests should be protected.Because this involves not only legal issues,it is also a matter of morality,customs,and social order.Such maintenance not only helps to maintain the identity and interests of close relatives,but also helps maintain social public order and foster a good social atmosphere.It is a direct reflection of the principle of public order and good customs in civil law,and is closely linked to social interests.Therefore,this research has important theoretical and practical significance.This article will be discussed in four parts:The first part introduces the definition of concept and the necessity of protection.Through the comparative analysis of the concepts of personality rights,personality interests,deceased personality interests and the deceased's personal interests,the rationality of the concept of the deceased's personal interest is explained.At the same time,from the perspectives of social interests,legislative values,public order and good customs,and then enumerate some cases in recent years in society to illustrate the practical necessity and urgency of establishing a unified theoretical basis for protection.Protecting the deceased's pre-living personality interests is not only based on theoretical necessity,but also has the practical necessity of maintaining social public order and meeting social needs.This is also an inevitable requirement of the principle of good law and good custom of our national law.The second part first introduces several existing academic viewpoints in the academic world,and further analyzes and reviews these several theories.Based on the definition of the first part of the concept,it is compared with the existing civil law theories and principles.Based on the rational side and inadequacies of each doctrine,on the basis of this,a comprehensive statement of the rights and interests of close relatives and the public interest of the society is proposed.The third part is to introduce the current status of foreign legislation on protection.This paper studies the legislative model of the protection of the deceased's personal interests in the civil law system and the common law system in some countries.It is concluded that the Anglo-American legal system is mainly affirmed and protected by the form of jurisprudence,while the civil law system focuses on the protection through legislation.There are also differences in the mode of protection and the period of protection and the subject of exercise of rights,and the different theoretical views and specific practices of the Anglo-American legal system and the civil law system are correspondingly analyzed with the theoretical doctrine advocated by Chinese academic circles.The fourth part first introduces the status quo of China's protection system.China's current Tort Liability Law does not make specific provisions on this.Only the copyright law and judicial interpretation make corresponding provisions and explanations,and the civil law protection is pointed out in response to the current situation of China's system.Legislation and judicial proposals,further improve the relevant civil and legal provisions in legislation,improve the protection of general personality interests,specify the considerations of violations,clarify the terms of responsibility,and formulate specific laws that can be used uniformly.Judicially perfecting the scope of protection,protection methods,protection period and subject of claims of the deceased's pre-existing personality interests,based on the interests of close relatives and social interests,conducting type analysis and constructing a reasonable protection system.