Analytic Concept Of Personality Rights

In terms of analytical, compared and historical studies, this dissertation substantially explores such issues as, the arising of personality right, its relevant attributes, both internal and external, the contribution of such exploration to the development of personality right theory, and consequently to certain extent proves the rationale for the legislation of personality right as a sui generis right. Especially, a sufficient scrutiny to rationality and necessity of personality right concept, natural right trait of personality right, existence of personality right in civil law, negativism of personality right of legal person, establishment and application of general personality right has been carried out in this dissertation.There are five parts in this dissertation:In the first part, Conceptual Analysis of the Right of the Personality, the author will conceptualize the glossary, "Right of Personality", based on the discussion of personality and the integrated relationship between personality and personality right. The author will emphasize on the response to some critique upon the rationality and necessity of the personality right concept, and consequently provide the rationale for the personality right. This dissertation argues that the existence of personality right as a sui generis right is rational in logic and necessary in positive law. The uncertainty of personality right should be actively and positively examined so as to define its scope. The personality right is mainly shown as a right to be respected.The second part will be the analysis to the attribute of personality right. The author will focus on the argument that personality exists as one of the natural rights, which will be the premise to the internal and external examination upon personality right in the following parts. Furthermore, the author will engage in the issues such as the existence of personality right as a right on private law, the intersection between personality right and Chinese traditional culture and the commercial utilization of personality right. The author opts for the issues that personality right is a natural right, existing in private law, which can be harmonized with Chinese culture background; that the commercial utilization of name right and portrait right should not be regarded...