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关于自然人死亡后其某些人格利益是否需要保护,学理上和实践中一直存在争论中。究其原由,自然人死亡以后,其人格权也随着其死亡而消灭,自然人的民事权利能力与民事权利不可分离。法律中对死者人格利益的保护,其实质是对其近亲属权利的保护。我国法律在对死者人格利益保护上还存在诸多不足之处,为此,本文认为需要通过细化权利范围、权利主体、权利期限等内在方面,以及完善法律责任、诉讼程序等外在方面,以实现对死者人格利益的全面保护。
There has been debate between theory and practice regarding whether the protection of certain personal interests after the death of a natural person needs protection. The reason is that after the death of a natural person, his personal right is also eliminated along with his death, and the civil rights and capacity of a natural person are inseparable from civil rights. The protection of the personality interests of the deceased person in law is essentially the protection of the rights of his immediate relatives. In our country, there are still many deficiencies in the protection of the interests of the deceased’s personality. To this end, this paper believes that through the internal aspects such as narrowing the scope of rights, the main body of rights, the duration of rights, as well as improving the legal responsibilities, litigation procedures and other external aspects, Realize the full protection of the personality of the deceased.