The Protection Of Personality's Property Interests Of The Civil Law

Personality rights are enjoyed by people to protect their life,health,name,portrait, reputation,privacy,credit and other personal benefits from abusemento which is essentially a non-property right,is mainly embodied in the spiritual and moral interests.With the development of our society and the economy,the economic value of some personality rights is increasingly highlighted.The rapid development of culture media and entertainment industry has made these personality characteristics with potential economic value to as commercial tools for sales and market,and many businesses employ star to advocate for their commodities with expense.At the same time,a number of illegal businesses,in order to sell their own product use personality characteristics of some people's portraits and names without authorization to attract the public.Although relevant laws have recognized the property interests of natural people's portrait,name and other attributes of personality characteristics, the protection system for the property interests of personality is not perfect,because of the lack of relevant laws and regulations.The person whose property interests are illegally violated can not gain proper protection and relief.With an analysis of the typical case "Han Link v.Edward Hospital Co.Ltd.in Chongqing",this paper makes a further research on related defects in our legal theory,and proposes some suggestion for the protection mode of property interests of personality.This paper consists of the following four parts:The first part studies some problems in current protection of the property interests of personality,from the perspective of the case "Han Link v.Edward Hospital Co.Ltd.in Chongqing".First of all,in the case of infringement of personality rights,people who make claim on the tort damages basis,are often unable to give evidence and lose as a result. Secondly,it is worthy of in-depth study,whether the illegal use of the rights of other people's personality characteristics will lead to their property loss,or should be the elements of unjust enrichment.The second part focuses on the basic theory of the property interests of personality.It analyzes the disadvantage of the tort suit:there is no specific provisions about tort damages for the property interests of personality,which makes the relevant protection become a castle in the air in the judicial practice.The analysis is followed by the thought that whether the unjust enrichment can be used to improve the protection system for property interests of personality.The third part describes the relevant provisions of the system of the public right in the United States and the unification mode of Germany,with a view to find an effective way for china.Both countries have their special way to protect the property interests of personality: the United States protects the spirit and property interests with the privacy right and the right to publicity,by recognizing the property interests of personality as an independent property rights.the unification Rights model of Germany,through cases to expand the traditional meaning of the personality rights,protect the spirit interests and ones of personality as a whole,and detailed the calculation of the the property loss.The fourth part makes a proposition of protection for property interests,by referring to foreign experience,learning from the unification rights model of Germany as well as the method for calculating the loss,combined with China's legal system related to our personal and property interests.The legislative proposals,about the human rights infringement cases which involves both the spirit interests and property interests,concerns the selection of the request basis for both kinds interests and the issue of loss as well.