The Existing Of Personality Right Of Legal Persons

With the exacerbation of China socialist market economic system and the improvement of democracy and the legal system, the concept of human rights has been accepted by much more people day by day. It is a declaration of civil rights and a necessity for protecting human rights to strengthen the protection of personality right. What the law consists of is decided by social economy, which is proved by the intensification of personality right's connotation. At first, the concept of personality right is included by natural person; then, it is established in civil code and the subjects extended to legal person; at last, it covers economy factors as well as spiritual factors. This course is the inevitable outcome of commodity economy and the exemplification of legal function. Only by establishing personality legal system, can we have anticipation about legal effect and employ the regulations to settle disputes and create a good order. However, the existing regulations cannot satisfy the need of protection for human rights, so how to protect natural persons becomes the greatest motive to study the personality right of legal persons. Meanwhile, the research on the personality right of legal persons is also an important step of completing the theory of personality right theory and promoting the research on legal person system. There are two critical issues about the personality right of legal persons. First, the rights owned by legal persons are considered as property right or as personality right? Second, do legal persons have general personality right? In the process of codification, debate about the style of civil code is intense because of the personality right of legal persons too. Thus, the research could also help drawing up a scientific civil code.The article mainly demonstrates the extent of the personality right of. legal persons with four parts. The first part regards to a historic survey in connection with some opinions which put forward that the concept of personality right belongs to the natural person. Specifically, it needs to analyze the evolution and definition of personality and personality right, and then know the relationship between them. The article holds that, the legal concept of personality isn't equal to natural person's ethical personality, which has been replaced by civil capacity possessed by natural person and legal person simultaneously. In general, it can be concluded that the evolution of personality is a procedure from being ethical to being legal; there is no meaning to discuss about the ethical nature. At the same time, natural person's personality right emerges after personality, which doesn't exist when the personality comes into being, and it appears that they are neither closely contacted today, because the truly protection of personality right acquires for being formulated by the law as well as being natural right. In other words, respecting for human rights in Constitution must be detailed in the private law, determined by the nature of the personality right and the Constitution.Certainly, the fist part's demonstration only provides a possibility that a legal person may have the personality right in empirical method, the left parts continue on the essence and function of legal persons so as to find out the object of this article in theory and policy perspectives. The article summarizes three theories in regard to the nature of the legal person which have their advantages and disadvantages separately. In practice, the Germany Civil Code has reconciled as to these theories and the Chinese Civil Code adopts the organization theory. In theory, more and more scholars claim that the legal person is a real entity in real life. Because of the endless discussion on this topic without conclusion, this article will not choose anyone between these theories. However, what we couldn't ignore is that the personality right of legal persons is in its expansion continuously that has been cleared out by this article. In this way, it can be concluded that the legal person absolutely owns specific personality right; it is the general personality right that leads to controversy. In addition, the trend of admitting legal persons being real reflects their status expansion, and it is not hard to demonstrate legal person's personality right in skill respective, so the discussion should be diverted to social level, that is, how can the legal person system function smoothly so as to work for natural person's benefits. Thus, the last part of this article has discussed on the legislative policy about legal person system, specifically, the extent of the personality right of legal persons is decided by its function which could work for natural person or not. Above all, the function of legal persons is spreading all the time, which is not confined to transaction at the present day. We should know that an enterprise is only a small part of the legal person connotation and patterns of different legal persons have different kinds of functions. Therefore, it is not comprehensive to consider transaction as the only function of legal persons. Secondly, rendering legal persons general personality right is in accordance with the interest of natural persons. The legal person is divided into enterprise and non-profit legal person by their different functions. As to the non-profit legal persons, they deserve their general personal right because their purpose is to pursue for the public interest. Besides, their development demands a good environment which calls for our spiritual support. As to the enterprises (mainly the companies), although their purpose is to pursue for their members' property interests, they still need the general property right that can orderly response to their expansion from private field to political field which is caused by their expanding property right. And it is worth noting that rendering the enterprises general personality right is to plug the loophole of existing regulations so as to regulation the enterprises' expansion and protect natural persons' interests against their illegal infringement.In general, the article has summarized the present situation of the personality right of legal persons, and confirmed that legal persons should have their own personality right including the general personality right in perspectives of history, theory and legal policy.