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The Personality Right Theory And System Construction

Posted on:2013-02-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:X D JiangFull Text:PDF
GTID:1116330374480784Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Now our country civil code is in the process of legislation. There is a wide and fierce debate about personality rights. The focus of controversy is the personality rights legislation way--whether the personality rights should be independent compile. But whether independent personality right problems are not isolated. There are different understandings of the basic theory about personality rights. These controversy problems are related to the understanding of the concept of legal personality and "what is right." It can be traced back to the philosophy of "what is man" which is a fundamental philosophy problem. Theoretical understanding of the differences lead to the different system arrangement which are the general personality right and whether to admit legal person personality rights. This paper does not involved in all the issues about theory and legislation of personality rights, but discussed theories and systems which are related to the personality right attributes and whether personality right should be single compile. Paper is divided into four chapters.The historical research of personality right is studied in chapter1. There are three parts in chapter1. Part1discusses the meaning of the right of personality and personality, personality and personality rights within the association on this basis. Part2discussed the evolution of legal personality and its meaning, to clarify the legal personality from inequality to equality of the development process. The reason is that the basis of the personality of the evolution from status to ethics. But the ethics basis of personality has a tendency to retreat. Part3combed the historical context of personality rights, pointed out that the source of personality rights "of their own rights" is the sign of the real production of the modern concept of personality rights or the rights of personality. It can be seen from the right of personality development trend of the increasingly wide scope of protection of the right of personality. Specific personality rights of the species are gradually increasing. Some countries have started to recognize the general personality right and moral rights system also has a separate trend.The chapter2is the theoretical basis of the moral rights. This chapter is divided into three.Partl explores the definition of the philosophy of human nature, and laid the foundation for man's rational nature of legal equality personality, and provides a theoretical basis for the law on the protection of personality rights, but not for the personality rights of the rich ethical value to make further explanation. The body theory and its meaning for personality rights are discussed. Body on the person's emotional preaching the philosophy of human nature, body dimensions, not the nature of human reason classified as emotional, but to abandon the ideological dualism of body and mind. The full recognition of the value of the source of the personality rights theory paves the way to provide a better theoretical explanation and guidance for personality rights development. Part2examines the natural rights property of the personality rights. China scholars deny the natural right property of the personality right. Personality rights have the natural right property, which can be seen through the analysis in the classical natural law theory and the philosophy of Kant. To recognize the natural right property of personality rights in China has theoretical and practical significance. Part3accompanies the right of personality theory based on the legal person the inquiry. The so-called right of legal personality and personality rights of natural persons are essentially different. It is not ethical. China should recognize that the property of legal personality right is contrary to the civil law of humanism.The chapter3explores the theoretical problems and some systems of the personality rights as actual law rights. This chapter is divided into three. Part1discusses theoretical arguments of the personality rights on actual law, and answered the right of personality as the premise of the right-the right understanding of the concept. The personality right as a special right, and our country current concept of rights announcements-the rights and interests theory to apply to personality rights are questioned. Part II discusses the nature of the right of the personality rights. Some specific personality rights which reflect the essence of the right of personality are absolutely of non-commercialization. The personality right as controlling right has its particularity and the object of personality right also has its particularity. The understanding of the concept of control is over how to treat suicide, self-mutilation behavior and the analysis of the commercial aspects of the personality rights. Part III discusses the personality rights of the constitution and civil law personality rights. The two aspects of the provisions of the obligations, the main ideas and content are compared. The transformation of Constitution Personality rights and civil law personality rights is also explored, which involve the main constitutional values infiltration in the personality rights in civil law and the complement of civil personality rights for the constitution. The effects of constitutional personality rights in civil law is also discussed.Several dispute system and style of the personality rights in legislation are discussed in chapter4. There are two parts in this chapter. The general personality right is discussed in part1. It is firstly discussed to clarify the general personality right and the related rights which is based on methodology level. How to stipulate the general personality right contents in the Chinese civil code is also discussed. The institutional value and uncertainty of the general personality right and how to overcome are detailed. Part2is about the analysis of independent compile of legal personality rights. It is firstly based on the analysis of the personality right attributes theory and the law system construction of the methodology of perspective. Secondly, it discussed that the personality rights should be a single compile from the point of legal methodology system view.
Keywords/Search Tags:rational nature theory, body theory, legal right attributes, a singlecompile
PDF Full Text Request
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