Legal Person's Right Of Personality And Protection On Civil Law

A legal person shall be a social organization that has capacity for civil rights and capacity for civil conduct and independently enjoys civil rights and assumes civil obligation in accordance with the law. Personality rights of the legal person are inseparable personality interests as subject of civil rights. This personality interest is founded on the base of civil activity of legal person. But on the control of individualistic theory, the system of legal person and personality of legal person are not relatively mature. Until now, personality rights of legal person have gone through the process of appearance, development and improvement. In China, with the implement of reform and opening policies and establishment of market economic system, legal person system, as the important part of market subjects, has been emphasized and studied . Studies on system of legal person are not mature or much disputable because of late development. This text will discuss and express my opinions about the questions of existence, contents, characters and whether to plea to civil protection on compensation for mind damage for tort of personality rights of legal person.This thesis consists of three parts.The first part discusses the definition basis and meaning of legal person's right of personality. Firstly, it introduces to definition on basis of personality of legal person. This text discusses about basis of legal principle and range of definition. On the question of legal characterization of personality right of legal person, there are three theories: fiction theory, theory of negating an artificial person and reality theory by accordance of understand of essence of legal person. By comparation, I agree to the third opinion, reality theory. This theory reflects on essence and characters of legal person. And I have drawn a conclusion: group personality interests of legal person require legal person on the name of itself to bear the weight and protect, and this asks legal person to enjoy the personality and analyze concretely. Secondly, it introduces definition meaning of legal person's right of personality. System of concept of legal person are just reaction of social...