Research on the Practical Approach to the Protection of Deceased Persons'Personality under the Civil Code System
The protection of the personality interests of the deceased in China's civil law can be traced back to the relevant judicial approval of the"Lotus Woman case"in 1990.In the early judicial practice,the Supreme People's Court only adopted the point-to-point response mode to protect individual personality interests such as reputation and portrait.Through the continuous improvement of the legal system,the protection of the deceased's personal inter-ests in the era of civil code has entered the stage of comprehensive protection,but some problems have been exposed in recent cases.Starting from the problems arising in practice,the current protection mode is made feasible and com-plementary,such as adjusting the scope of the subject of the right of claim and the content of the right of different ranks,strengthening the overall optimization measures such as the connection between the personality interests of the deceased and the general personality rights of the close relatives.
personality benefit of the deceasedsubject of the right of claimcivil coderight of personality
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