Study On Disdinguished Protection Of Public Figure's Personality Right

In the 1960's,with the rapid development of mass media and the diversification of social interests, the term "public figure" has entered our horizon and hence became a new legal phenomena. Although this concept appeared in China rather late,personality protection cases seemed to be more and more common in recent years, How do we distinguish public figure's personality right from the right to know or freedom of expression? How do we balance the conflicts of value among them? Because of the diffrient liabilites to have,the personality right of public figure should be protected diffriently with oral person.These are problems that we need to solve.Now, in China, legal issues related to public figure are still in the stage of individual cases and theoretical research, without any unified legislation standard or principle.Expecting to lay out a practical scheme for the legislation, I will analyse and discuss distinguished protection of public figure's personality right from four aspects.Part I :This part mainly introduces some basic theories in regard of distinguished protection of public figure's personality right.From a detailed description of the concept, characters and categories of public figure, we will be able to distinguish the personality right of public figure from that of the mass. It will also discuss the conflict of right shown in the distinguished protection of public figure's personality right, and the rationale behind it.Finally, from a brief history of public figure's personality right protection, I hope there is some experience we can draw.Part II :This part mainly focuses on the jurisprudentia of distinguished protection of public figure's personality right.The issue of distinguished protection of public figure's personality right shows its conflict with freedom of expression and other legal rights. With a method of value analysis ,this article first educe the reason of conflicts between public figure's personality right and other legal rights.And then,through setting forth the justice of law,value and essentiality of people, we could offer some legal bases for the differentiation of public figure's personality right and other legal rights. Besides,we could strenthen the theoretical base of public figure's personality right protection.Part III: This part is a comparative perspectives on distinguished protection of the public figure's personality right. By comparing the legislation status related with the personality right of public figure in America,Britain,France and Germany, I hope we could find ways to establish our own system of distinguished protection of public figure's personality right.Part IV:This part is some suggestions on legislation of this issue.With alalysis of the legislation status related with the public figure's personality right protection and discussion of the principles, the special elements and remedies of the personality right of public figure,I tried to offer some personal suggestions on legislation and perfection of this issue in China.