On General Personalistic Rights

Human, while being a natural physical species, also exists as an entity of axiological ethics. Along with the growing emphasis on human value, diversified technical measures are being carried out to protect the axiological ethics by legal means, which has been recognized as the general practice of civil legislation all over the world. In modern society, where personalistic interest is placed above all other interests, and respect to personalistic existence is taken as the goal and foundational idea of modern humanitarian movement, the protection of human rights naturally constitutes one of the basic missions of modern civil law, and has become a touchstone of the advanced level of the law of a country. Therefore, the system of general human rights that is abstracted from the embodied personalistic interests with the freedom, safety of the natural physical being as well as the dignity of a human as its aims, manifests the evolvement of modern concept of legality from the emphasis on property protection to more attachment to personalistic interests. At present, the general human rights have been recognized by the civil law legislative institutions of countries around the world through civil law, special legislation, amendment to civil law, or establishment of precedence. The establishment of general human rights has turned into the usual practice of legislation. In the meantime, headed by Germany, jurisdiction dependent judgment system has made essential transcendence and breakthroughs in legislation temporizingly. General human rights is a legal representation of the personalistic relationship of the natural beings, with the sum of all-inclusive personalistic interests of the natural beings as the objective of protection, has the function to explain, establish and supplement the specific human rights specified legislatively. The civil significance of general human rights values in its respect to and protection of the independence, freedom and dignity of human. Compensation on mental loss as a fundamental legal means to protect the general human rights is an important part of general human rights legislation, whose applicable scope shall be expanded during the legislative practice, so as to practically availing the function to protect the personalistic interests.