The Personal Right Of Artificial Person And Its Protection In Civil Law

The personal right of artificial person presents independent subject qualification of artificial person. It is a civil right as important as the property right of artificial person. General Principles of Civil Law gives some principle regulations about the personal right of artificial person and its protection. However, because of lack of theories, these regulations can not do well in practices. So the author of this article tries to study the personal right of artificial person and its protection with the theories and practices of it both in China and foreign countries.This article is divided into three parts. They are the existence of the personal right of artificial person, the patterns of the personal right of artificial person and the protection of the personal right of artificial person in civil law.The fist part of the article is about the existence of the personal right of artificial person. Studying the origin and the development of the personality and personal right, we know that personality is a definition transformed from a moral principle to a law principle. Nowadays, personality equals to subject qualification, is the premise of enjoying rights and undertake obligations. Artificial persons are forms which have capacity of civil rights and capacity of civil liability. Analyzing the essences of artificial person, it has independent will. The fortune regulations reflect the basic features of artificial person. artificial person has different personality comparing to its participants. This is the jurisprudence basis of the personal right of artificial person. Artificial person's value such as convenient business, promoting causes and distributing dangers are the necessities of the personal right of artificial person. Artificial person has personal right as the other civil subject.The second part of the article is about the features and the components of the personal right of artificial person. the personal right of artificial person is different form the personal right of natural person. It doesn't include material benefits originated form life. The personality benefits which do not connect with fortune are neglected. Those connect with fortune are the important part. The personal right of artificial person can be transferred under some conditions. The patterns of the personal right of artificial person can be divided into specific personal right and general personal right. According to the development of legislation of the personal right in different countries at present, artificial person should have four specific personal rights: the right of name, the right of fame, the right of credit and the right of honor, in order to protect its benefit of the personal right. The author thinks that general personal right is the supplement of percific personal right. In order to complete the definition of the personal right of artificial person, we should acknowledge the general personal right of artificial person. the general personal right of artificial person should have four parts: personality independence, personality freedom, personality equality and personality dignity.The third part of the article is about the protection of the personal right of artificial person. If the personal right of artificial person is trespassed, there will be many harmful consequences. The benefit of the personal right will be losed. However, the author thinks that this kind of damage can not plead for compensation of moral damage. Analyzing the substances of compensation of moral damage, its basis and premise is that spiritual pains. As an social organization, artificial person has no feelings, and can not feel the pains, so compensation of moral damage can only be pleaded by natural person. The damage about the personal right of the artificial person in fact is invisible. It always represent as fortune damage. It can be compensated by fortune. If there are no evidences that the fortune is damaged, we can plead the infringer to bear the responsibility which does not concern with fortune such as extending a formal apology, clearing up ill effects and rehabilitating, in order to protect the personal benefits of artificial person. The author suggests that we should establish the compensation system of invisible damages of the personal benefits of artificial person for regulating the practices in protection of personal right of artificial person and avoiding the disputes about moral damage compensation of artificial person and puzzles in practices.