The Typification Of The Public Figures And The Restriction Of Their Personality Right

Since the"public figure"appeared in the Fan Zhiyi case in the first time, then the judge adopted the"voluntary public figure"in the Yang Lijuan case, the theory of public figure is developing from the academic circle to the legal practice. But the judicial studies of public figures are still not systematic, so this article will focus on the typification of the public figures and the restriction of their personality right.The first chapter analyses the developing history of the public figures in the America through several famous cases, then introduces our country's situation, and put forwards the definition and connotation of the public figures. Then I introduce the public figures'personality right, I retrospect the American legal situation, and our country's legislative and judicial personality right.The second chapter is about the public figures'typification and their criteria. By analyzing American public figures'types, and considering our country's reality, the public figures are divided into two types: the voluntary public figures and the involuntary public figures, the voluntary public figures are then divided into political public figures and social public figures. By the different restriction degree, there are political public figures, social public figures and the involuntary public figures in order. Next I put forward their own criteria to differentiate the public figures'types. The third chapter is about the restriction of the public figures, I analyze the restriction reason, the tort component, and the content, then I analyze the special case—the minority public figure.The last chapter proposes the preliminary conception of the establishment of the public figures'personality and its restriction. Based upon the tradition, culture, and the current situation in China, I propose the restriction principles. At last I give some suggestion to this issue in China.