Research On The Protection And Restriction Of The Personality Right Of Chinese Well-known Athlete

The personality right is one of the basic rights in the civil law. The well-known athlete is the star in the athletic sports. His (her) personality right has certain specificity, which makes it easier to be invaded, and need more protection. However, for protecting the public interests, restrictions are sometimes needed to equate the conflict of rights. There are some theoretical researches on the protection and restriction of the personality right of well-known athlete in our country, but there is so much shortage in legislation that it can't protect the personality right of the well-known athlete validly and limit it reasonably.How to protect and restrict the personality right of the well-known athlete? To answer this question, the paper begins with the general concept of the personality right and the personality right of the well-known athlete. Then it makes a comparative and jurisprudent analysis, and studies the protection and restriction of the personality right of the well-known athlete in the realm of mess media supervision, Internet and business utilization. Based on the condition of the theory and legislation of China, the paper proposes a conception of perfecting the existing Civil Law, Sports Law, and establishing the Press Supervision Law etc. in China, which is in order to restrict and protect the personality right of the well-known athlete from different legal points.The paper draws lessons from the riper foreign legislation, consults the concept of "image right"etc. and introduces the concept of "public person". And according to the reality of China, it puts forward a speculation of legislation to the protection and restriction of the personality right of the well-known athlete, intending to do some benefits to Chinese legislation.The full text is divided into five chapters besides preface: Chapter one introduces the meaning of the well-known athlete and the personality right of the well-known athlete simply. Chapter two gives theoretical...