Research On The System Of Claim Of Personality Right

With the development of the society, law provides a more comprehensive protection for human beings. The research of personal right which directly reflects the entity qualification of human beings, has been a orientation of the development of the science of law. In the Civil law, the personal right protection system consists of claim of the personality right and claim in tort. With the development of the commodity economy, more and more personal right have been given economic interests, so the claim for unjust enrichment also can be used in the field of personal right protection. Chinese current law about personal right is mainly based on claim in tort. Relatively, it is difficult to find any directly basis for claim of the personality right in Chinese current law. For this issue, this article would mainly study on claim of the personality right, and the coordination of claim of the personality right and claim in tort, and finally give some suggestions to perfect the system of claim of the personality right in Chinese law.Except the instruction, the article consists of 4 parts:The first part: The analysis of personal right and claim of the personality right. In this part, the author analyzes the nature of personal right and claim of the personality right, and then gave his own opinion: firstly, personal right is a kind of absolute right, which has both civil law's nature and constitute law's nature; Secondly, claim of the personality right is a kind of claim of the absolute right which arising from the nature of personal right.The second part: Claim of the personality right in Chinese current law. In this part, the author analyzes the presence of claim of the personality right in Chinese current law, and gives out the following opinions: firstly, Chinese law hasn't made a clear provision about claim of the personality right; secondly, the applying of claim of the personality right is rare in the judicial practice of our country.The third part: Analyzes about the main legislation patterns of claim of the personality right. In this part, the author analyzes the main legislation patterns of claim of the personality right in the vision of the actual legislation, and then pointed out the advantages and disadvantages of the main legislation patterns of claim of the personality right.The fourth part: the Reconstructing of claim of the personality right in Chinese law. In this part, the author gives his own suggestions of the reconstructing of claim of the personality right in Chinese law.The last part is the brief conclusion of the article.