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权利能力的消灭并不当然导致权利的消灭,死者丧失权利能力,但死者生前取得的不随生命消失的权利,作为人类既定的物质和精神财富客观存在,财产权利发生继承,人格权利牵涉人类整体尊严和善良风俗,法律应予以保护。当侵害行为仅仅侵害死者生前人格利益,对死者生前人格利益进行独立的和直接的保护;当侵害死者生前人格利益的行为同时侵害了死者近亲属的名誉或一般人格尊严,通过保护死者近亲属的人格利益,实现对死者生前人格利益的间接保护。
The abolition of power abilities does not, of course, lead to the eradication of the rights of the deceased, but the deceased’s right not to disappear with his life, as an objective existence of the material and spiritual wealth established by mankind, the inheritance of property rights and the violation of human rights as a whole And good customs, the law should be protected. When the act of infringement only infringes on the moral interests of the deceased in his lifetime, he / she will independently and directly protect the moral interests of the deceased. When the infringement on the moral interests of the deceased at the same time violates the honor or common human dignity of the close relatives of the deceased and protects the close relatives of the deceased Personal interests, and realize the indirect protection of the deceased’s personal interests in life.