The Dualism Of Personality Right: Re-annotation On The Basic Theory Of Personality Right

Personality is the legal qualification of civil legal subject, and personality right is more active, it protects all the right that is concerned with behavior and spiritual campaign freedom and integrity, the relative independence dues to the independence and system of personality right law, As a very important civil right, personality right was defined a non-property , personal right. During civil code was being made, many scholar disputed that how describe the personality right in the code.The paper putted forward the dualism of personality right, a new theory, which means the personality right is not a simply right but a dual right about the attribute, object and its character. The chapter three dissertated the content of this theory primarily.Firstly, according to the attribute of personality right, it is not only a constitutional right but also a civil right, because the core of the right is person, which is the subject of all law, and the purpose of constitution is preventing it from public right, the civil law is private.Secondly, personality right includes not only personality benefit but also economical benefit. The commercial personality right is the embodiment.Thirdly, refering to the general personality right, the reason of it has had development is that it place implication protect principle extensively. but this a wrong action that everyone can define a new idiographic right. And then, the trend of the personality right in the civil law is that personality overweight property, and the subject, object and the way of relief are all being distended in modern civil law.The appendixes, one is the comment on the personality law in the Chinese civil code draft, And the other is the collection of the influential case of personality.