骨灰的法律地位研究

民法理论对骨灰等死者遗留保护的定性争议由来已久。不论是在实践中还是理论上都存在是物是权的争论,对其权利范围和内容也未达成一致。本文对骨灰属性在依据民法基本理论进行分析总结的基础上将骨灰定性为具有特定意义的纪念物,明确其权利主体实际上为死者近亲属,其权利内容是一种不完整的物权（或日准物权）,其权利行使受诸多限制,具有人格属性。最后对公序良俗原则在此类案件中如何适用提出自己见解,并提出立法建议。

Research on the Legal Status of the Ashes

The theory of civil law towards the protection of the ashes etc.left by the deceased and other qualitative debate has been for a long time.Whether in practice or in theory,there is controversy over the right thing and substance.To the scope and content of their rights it has not been agreed.In this paper,for the ashes properties in the analysis and summary based on the basic theory of civil law and characterization of the ashes with a specific meaning for the monument,it’s actually a clear subject of right for a close relative of the deceased,and the content of the right is a kind of incomplete property right(or quasi-property),the exercise of their rights under many restrictions,with the attributes of personality.Finally,the principle of public order and good custom in such cases how to apply to put forward my opinion,and puts forward the legislative suggestions.