【裁判要旨】悼念权属于身份权的范畴,虽然不是一种法定民事权利,但符合我国传统伦理道德的观念,可以纳入法律保护的范畴。鉴于墓碑并非是不可替代的唯一寄托亲属哀思的方式,立碑者依照死者生前的声明未在墓碑上对死者亲属予以署名,该行为并不构成对死者亲属悼念权的侵害。 The essence of the referee Tribute to the right to belong to the category of rights, though not a statutory civil rights, but in line with China’s traditional ethics, can be included in the scope of legal protection. In view of the fact that tombstones are not the irreplaceable way of placing grievances on relatives, the monumenter did not sign the relatives of deceased persons on the tombstone in accordance with the statements made before his death, which did not constitute a violation of the right of mourning of relatives of the deceased.