Study On The System Of Claim Of Personality Right

The complete system of personality right legal remedy is a system that includes civil law remedy, criminal law remedy and administrative law remedy. I argue that a complete civil law remedy of personality right should contains the remedy of claim of personality right, remedy of tort and other related remedies. The system of claim of personality right is the major issue of this paper. This paper consists of three parts.Part One mainly analyzes the characteristic, the nature and the location of claim of personality right. I argue that claim of personality right is one right that when the satisfactory appearance is being hindered or being infringed, the obligee can request the obligor to do certain behavior or don't do certain behavior to restitute the satisfactory appearance of personality right. claim of personality right has three characteristicses as followed: The first, claim of personality right has high abstraction;The second, claim of personality right has obvious defension; The third, claim of personality right can't be applied to litigation time limited system. Concerning the nature of claim of personality right, I study on the relationship between claim of personality right and creditor's right, claim of personality right and personality right, then come to the conclusion: Claim of personality right takes personality right as foundation, takes the restitution of satisfactory domination appearance for purpose, and it is an independent claim right, not the direct embodiment of personality right's effectiveness. Concerning the location of claim of personality right , I consider the following aspects: The first, claim of personality right is a measure for self-remedy of...