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EXPANSION OF OBJECT'S SCOPE OF NATURAL PERSON'S PERSONALITY RIGHT——A REFLECTION OF HUMANISTIC SOLICITUDE OF LAW

Posted on:2002-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y MengFull Text:PDF
GTID:2156360032950502Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The thesis contains four sections: explanation of the title; humanisticsolicitude of law; choice of regulations and choice of patterns; initial legislative plan.In the first section, the meaning and significance of"humanistic solicitude of law"areset forth, and reason of writing this thesis is elaborated. In the second section, it'sexpounded that the law's humanistic solicitude is the basic cause of expanding theobject's scope of natural person's personality right, successively from six aspects:history human right, philosophy legal philosophy, material life's condition andpsychology law's presumption aboul the human pattern. In the third section, it'sanalyzed tha how to handle the choice of moral regulation and legal regulation, thechoice of judicial leading pattern and legislative leading pattern, if expanding theobject's scope of natural person's personality right, which legal regulation the courtcould choose under current circumstances that there're loopholes in civil law In thelast section, some proposals of expanding the object's scope of natural person'spersonality right in China's future civil legislation is put forward, which includessupplementing article of general personality right and six concrete personality rights:body right, liberty calm right, virginity right, private secret right and credit right.
Keywords/Search Tags:natural person's personality right, object of natural person'spersonality right, humanistic solicitude of law
PDF Full Text Request
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