The Civil Functions Of The Right Of A Name

As the first item of concrete personality rights created by modern civil code,the right of a name plays an important role in theory development and rules formulation of personality rights.For a long time,there have been no disputes about the basic theories of name rights,such as meaning and power.And discussion about the nature of rights and the object hasn't been beyond the traditional theories of name rights.However in social practice,many socially hot debates caused by right of a name have been beyond the theory of traditional name rights and personality rights,which has objectively il ustrated that in complex social life,there are differences between obligee's actual interests' requirements met by name rights and laws,and conclusion of theoretical discussion.The judicial activities that obligee exercises right of a name under laws in autonomy of will with national force to protect his objective interests requirement are contact interactive process of civil functions of name rights and the national judicial value practice.The function in judicial value practice is the core connotation of civil functions of name rights.And clarifying the actual and objective rights protected by name rights is the premise and foundation of improving the legal system for the right of a name and making the legal system match with economic infrastructure.Relatively comprehensive judicial empirical studies have shown that current cases of name rights can be divided into ten categories based on characteristics of case circumstances.In those cases,the obligee can request the court to directly protect many interests with different legal natures,which include personality interests,relative identity interests,property interests,social resource interests,and so on.These interests constitute the object of name rights,and the shared carrier name is the object to right under obligee's direct control.In judicial practice,the ways how name rights protects those interests show characteristics of categorization.Interests protecting ways of different categorization results in different civil functions of name rights.Thus,diverse civil functions of name rights have proved that when economic base changes,functions of a right system will change or contents of the right system will change.Or else,stagnant system and functions of rights will influence the development of economic.Diverse civil functions of name rights have provided new local legal resource to theory development of name rights.In the meanwhile,it has also provided theory construction way for Personality Right Law to transform the judicial practice into form of law.And final y,it contributes to constructing personality right in the civil code with socialism with Chinese characteristics.