Discussion And Analysis Of Right Of Personality

Although the right of personality is a new type civil right being developed gradually since the end of the 19th century, the international legislature, law and theory circle have paid close attention to it. These are today for 21 centuries, especially the period of history with deepening reform of socialist market economic system and strengthening socialist democracy and socialist legal system, it is more practical significance than ever to strengthen safeguarding the right of personality, and develop a unattached and scientific legal framework for the right of personality.The first part of the article discuss the headspring of the personality and the ethic basis of the legally personality beginning with the developing of the personality, and then explicate the definition and use of the personality in the contemporary law from the different subjects including sociology and philosophy. It is discussed that the understandability and the definition of the personality should focused on the natural person, and be distinguished from the concepts such as the subject qualification and the capacity. The personality was defined as the systemization of all the subject elements what one have absolutely necessarily. At the same time, more discussion about the personality was listed to compare and demonstrate the personality and the civil right capacity. It is recognized that the personality is not equivalent to the civil right capacity. The origin, the quality of equality and being changeable of the both all proved it. The personality in the contemporary law is also not equivalent to the right capacity. Its range of meaning is wider than the subject qualification. The connotation of the personality that the systemization of all the subject elements what one has absolutely necessarily includes the subject qualification symbolized by the right capacity.The second part of the article described the right of personality in detail. Firstly, the development of the personality right and the different understandability to the concept by scholars was described, the conclusion is that the personality right is the essential characteristic of the subject under the laws, the object is the personality benefits and it is the necessary right to safeguard the independent personality of the subject. Then the concept was analyzed concretely. It was summarized that the right of personality have 5 features including the exclusive right, the absolute right, the liberty to control, the personality benefits under law being as the object and that it have relations with the property. Then it was analyzed the reasons why the right of personality was not defined concretely in the civil law code of France and Germany based on the different understanding of the characteristic of the personality right in the field of the civil law. It was illuminated that we shouldn't think that the right of personality is the constitution rights and not the civil rights. Although there are the contents to protect the personality right in the constitution, it is not doubtful that the right of personality belongs to the civil rights. The relations between the right of personality and the personality, the right of personality and the human rights were demonstrated based on the basic understanding of the concept, characteristics and attributes of the right of personality. The ethical personality is the foundation of the right of personality. No right of personality without the ethical personality. The characteristics of the right of personality were demonstrated more deeply according to the certainty to the concept of the human rights. It also offers the evidence in support of the characteristics of the right of personality.The third part of this article analyzed the right of personality associated with the current advocates such as the man-oriented, the rule of law and the harmonious society, then put forward that the right of personality should be a separate part of the civil code of our country. Whether to build a socialist country governed according to law, or to build a harmonious socialist society, people is the most important. The man-oriented is the foundation and the basic end-result. The right of personality should play an important role, as the integrant important personal right vindicated by subject of right So it is the embodiment of the ultimate care by civil law. However, the functioning of the personality right depends on the confirmation of its legal status. In the end, the necessity was discussed and the comment was given that the right of personality should be an independent part of the civil code of our country.