Recently, Mr. Liu Zhiyang of our college published an academic paper titled "The Limitation and Turning of Inheritance of Mental Damages" in Contemporary Jurisprudence, No. 5, 2024. Contemporary Jurisprudence is a Chinese journal supervised and sponsored by Jilin University, selected as a CSSCI source journal, a CLSCI source journal, and a Chinese legal core journal.

Judicial practice and theory prior to the entry into force of the Civil Code provided a restrictive interpretation of the cession and inheritance of the right to claim compensation for moral damages. In terms of the content and origin of the restrictive theory, the theory mainly draws on the provisions of the German law, and this restrictive provision is mainly based on the high exclusivity of personality rights and the soothing function of the consolation money. However, with the development of society, Germany, Switzerland, Japan and other countries in judicial practice have rejected the strict restriction theory. The claim for moral damages is a purely monetary claim, and there is no so-called personal exclusivity. In addition, the restriction theory will bring the infringed person "race against time", the right system is confused, the inheritance of the rights of the heirs and other problems. Based on this, the restrictive interpretation of our previous decisions and theories should be broken, and Article 1122 of the Civil Code should not be interpreted in a restrictive manner.