| This paper tries to analyze and study the independent status of right of voice in our country, and raise some proposals about legislation, then hope to provide some references about editing right of personality independently in future civil code of our country. The main part of this paper including the concept, feature and content of right of voice, the necessity and legal value in independent status of right of voice, analyzing and borrowing idea from legislation of right of voice protecting overseas, the status quo and exploration of right of voice in our country and protecting pattern of civil law for right of voice, and so on. This paper integrates materialistic dialectics, sociology of law, comparative analysis, case analysis and such research methods to study the independent specific right of personality status of right of voice, and discusses how to provide the right of voice relevant protecting pattern of civil law. The unique object and content of right of voice decides it should be a kind of independent specific right of personality. One who violates the proprietor's right of voice may violate the human dignity of the proprietor. Then it confirms the civil legislation of our country should provide the right of voice relevant protecting patterns: at first, the scope of protection must be limited at voice of natural person (most in sound recording), and confirms that when voice of natural person is relevant with his personality identifying because the voice was distinguished with some features, then we can provide his right of voice protection of law of personality. The right limitations of right of voice are as follows:( I )For certain behavior of counter-proprietor, such as legitimate defense, act of rescue, act of self-help and authorized behavior and so on, to use the voice of the proprietor within certain reasonable limit, that was not pertain to the scope of protection for right of voice and with impunity. But that use must be carried out according to legal provisions strictly. (II)We can use voice of other person in reasonable way and according to legal provisions for the purpose of science and art as well as for the purpose of press, movie, broadcast and TV report, but it can not contradict with the legitimate right of proprietor (mainly for the using behavior which may be able to do harm to the economic interest and spiritual interest of the proprietor beyond reasonable limit). (III) We should stipulate certain protection term for right of voice, and ten to fifteen years will be suitable. The second, the reasonability principle of infringement of right of voice is principle of liability with fault, which means if the infringer does harm to the proprietor because of his subjective fault (including intent and fault), he should assume relevant civil responsibility. There should be four elements for infringement of right of voice which adopted by many scholars (they are unlawful act, facts of damage, cause-effect relationship between unlawful act and facts of damage and subjective fault of infringer). The third, after the right of voice is violated, one who should take the burden of proof must be the one had right to acclaim right of voice. One who absolutely takes the first place is the proprietor of right of voice, then the relevant relatives of the proprietor. The precondition for claiming right by relevant relatives is, the proprietor has already dead or can not express, and the behavior which uses the voice of the proprietor in nature will do harm to personality interest of the proprietor and relevant relatives. The sequence of claiming right of voice by relevant relatives is, husband or wife, the nearest lineal descent (parent-child relationship) and other relatives (brothers and sisters, grandparents). The major form of evidence is audio-visual material. The fourth, the infringement representation of right of voice should adopt the compromise pattern of listing added to summarizing, which stipulates certain specific infringement representations in order to deal with them whenever they are suitable, as well as certain general provisions in order to adapt to development of right of voice. The infringement representation including imitation, distort, recording without permission, cutting and editing or other publication behavior without permission of proprietor and such malicious infringement which may cause confusing and misunderstanding or do any harm to the proprietor. The fifth, the protection of right of voice should provide protection of independent right of personality, including claim for right of personality (such as claim for exclusion of hindrance, claim for cessation of obstacles and claim for damages and so on), as well as claim for infringement (such as claim for damages for economic damages and claim for compensation for mental loss). The above two protection mode of right of claim are parallel, and when the same infringement act meets the same elements of two different right of claim at the same time, then we can use the concurrence of the above two right of claim, which means to use the above two right of claim comprehensively to carry out the civil protection for right of voice. The sixth, there is community right of voice issue in right of voice. The community right in spiritual interest of voice is pertain to a kind of co-ownership by common ownership, which means all the common proprietors of voice interest have the same right in common spiritual personality interest, and can not be divided in portion. The community right in economic interest of voice is pertain to a kind of co-ownership by shares, which means all the common proprietors of voice interest should decide respective interest of each other in their common economic personality interest in proportion to certain confirmed shares. In a word, view from the right of personality protection and human dignity maintenance, our country should provide right of voice with independent specific right of personality status and provide it with relevant protecting pattern of civil law.
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