2012Journal of Guangxi Administrative Cadre Institute of Politics and LawRequires access

Civil Subject Predicament and Solution to Protection of the Death's Rights

Yongxiang Ma

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Abstract

From the aspect of value of law,a natural person's rights shall be protected by law even after his death;From the aspect of legislation,how to protect the death who are not civil subject anymore exists theoretical predicament.According to traditional theory,civil right capacity and civil subject are coincident.Breaking through the thinking that civil law merely depend on right,protecting the death's interests reasonably and properly is a better solution at present.

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From the aspect of value of law,a natural person's rights shall be protected by law even after his death;From the aspect of legislation,how to protect the death who are not civil subject anymore exists theoretical predicament.According to traditional theory,civil right capacity and civil subject are coincident.Breaking through the thinking that civil law merely depend on right,protecting the death's interests reasonably and properly is a better solution at present.

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Available abstract

From the aspect of value of law,a natural person's rights shall be protected by law even after his death;From the aspect of legislation,how to protect the death who are not civil subject anymore exists theoretical predicament.According to traditional theory,civil right capacity and civil subject are coincident.Breaking through the thinking that civil law merely depend on right,protecting the death's interests reasonably and properly is a better solution at present.

Key concepts: Subject (documents), Law, Legislation, Value (mathematics), Political science, Civil law (Civil law), Civil rights, Law and economics

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Civil Subject Predicament and Solution to Protection of the Death's Rights — Research Paper | ScholarLens