Research On The Regulation Pattern Of Personality Merchandising

In modern society ,mark of personality which is an identity factor for civil subject to indicate his thumbprint,, shall be exploited and bring enormous economic interest. But the mark of personality is exclusively belong to the civil subject,any other people are not entitled to use it without the subject's permission.Unauthorized use of it will constitute an infringement on the subject and make the subject suffer from spiritual pain as well as property loss.In the current legal system ,only a few mark of personality such as name,portrait are protected by law,the other marks which have similar features are not regulated by now.The absent of law causes more illegal use of personality mark. So the purpose in setting up commercialization right in civil law is to protect this right for civil subject and let them control the economic interest of personality mark by themselves.A lot of researchs have been done, but as for what kind of regulation pattern should be adopted , the consensus has not been achieved.Personality merchandising has raised great attention,,and researchs on it are being furthered.In the meanwhile,most countries in the world have made their respective regulations on it.,but mature legislation is not formed.Controversy is still existed.This article is based on the existing research ,and uses the theories contact actual and the law-philosophy analytical methods to explore the regulation patterns of the two legal systems as well as the main view of the academic field. Besides preface and postscript, the article is divided into four parts.Part one: The mark of personality and the appearance of personality merchandising. The part makes a comprehensive analyse of the phenomenon of personality merchandising in our country and the causes of this phenomenon,,as a result provides the basis on understanding the nature of this phenomenon.Part two: The basic content of the commercialization right. The part analyzes the basic content of personality merchandising ,include the range of personality mark,the rights of the civil subject and the ways for legal remedy..Through the exposition,we can get an overall comprehension of the commercialization right. Part three: The typical regulation patterns of the two legal systems.Using compare analytical method, this part analyzes the typical patterns of the mainland law-system nations include Germany and Japanese,and also inquire into the patterns in the British and American common law nation.Through the exposition of the two legal system's regulation patterns,we can get a lot of references to improve our country's regulation pattern.Part four: The exploration of the legal regulation pattern of our country.This part mainly analyzes the different views on the nature of commercialization right,amd the different legal regulation patterns based on different natures.By analyzing the reasonable and unreasonable aspects of different views, drawing experiences from other countries and combining with the current situation in our country,the author puts forward some personal view.The author supposes that an independent personality right pattern wil be the best choice of our country.However,, a temporary pattern.should be adopted at present ,as the conditions are inadequate.