On The Civil Protection Of The Portrait Right

With the development of the socialist market economy, people's values change and the rapid development of science and technology, against the right of portrait disputes occur, the right against the types of portraits increasingly diversified, and the court against the right of portrait and that how to protect the application of the law are different. Against the right to dispute the number of portraits is a historic progress, because it not only shows that people continue to awaken the self-awareness, but also show that the awareness of people's rights gradually, people gradually realized the importance of the protection of the right image. Therefore, to enhance the image of the civil law to protect the right to solve the problem of the reality of the existence of the right of the portrait against the difficult cases, and safeguarding the legitimate rights and interests of natural persons is of great significance.This article has five parts except the prelude and postscript.Part one: The main image on the right of portrait and an overview of the basic problems. Portrait refers to a natural person, as well as external image external image reproduction. This mainly refers to the external image of the appearance and physical appearance, the external image of the main means of reproduction portrait products and works with the objective existence of portraits, and reproducibility, identifiable characteristics. The right image is a portrait of a natural person to enjoy their own exclusive use or permit others to use the right personality. Portrait of the right to legal protection is the right of the portrait of the spirit of interest and material interests. Portrait of the main body of the right is a natural person, including the production of exclusive rights. The right to use the interests of safeguarding the rights and image rights with the right personality is similar to the relationship between the main and the right image, reputation, privacy relationship. Part two: Portraits mainly against elements of the right and assume the responsibility to protect the way of the Civil Code. Portrait of responsibility against the right to be, constitutes a general, including the right to act against the portrait without the consent of the right of portrait, as well as the access is subject to defend the law, not against profit-making portraits of the necessary elements of the right. Portrait of the Civil Code to protect the right of way include advance prevention, can be taken against themselves, and afterwards undertake corresponding civil liability.Part three: The main text is a portrait of the former combined with the right to basic theory, in practice the administration of justice against the existence of the right portrait of an analysis of specific issues, such as the network environment to protect the right of the portrait, the right of the network's performance against the form of portraits, features, and network against the right of portrait and other preventive measures; Television works to protect the right of the portrait, a portrait of actor stills should be a concrete analysis of the right, the right to film and television works in the portrait of the existence of a conflict with copyright; collective portrait of the right to protection, there is a collective portrait of the collective portrait to be taken to protect the equal protection of the overall protection and rational use of the principle of combining; the protection of the right portrait of the deceased, the deceased have the right image, the right to the exercise of its close relatives, if not close relatives, should the exercise of national expertise.Part four: The major part of foreign countries the right to protection of portraits, my portrait of the mainland and Hong Kong, Macao and Taiwan areas of civil law protection of the right to a comparative analysis of the situation. For the protection of the right image there are personal rights protection laws, copyright law protection, as well as other means of protection. China has formed a multi-level classification of protection, both "General Principles of Civil Law" On protection of the right image, there are "Copyright Law", "Advertising Law" and other related laws and the protection of the right of the portrait.Part five: At the conclusion of the above is theory and judicial practice on the basis of the portrait of China's Civil Code to protect the right to a complete set of recommendations, including legislative proposals and judicial advice. The legislature need to supplement the existing legal provisions, the specific issues of legislation to make clear; justice portrait against the right to correctly grasp the elements of liability and compensation standards, to distinguish between the use of portrait violations and breach of contracts and so on.