On The Modernization Of Personal Right And Civil Law Protection

The development of society is bound to make the law system of personal right show the new characteristics of this era. As the core component of the civil system, personal right will further prove its value. The discussion of the modern characteristics of personal right is not only to determine the relationship related to personal right, it also can give comprehensive and systematic legal protection for personal right.Personal right is the fundamental right guaranteed by the Constitution , and it is also a specific civil rights. The core content of human right and personal right is consistent, they both pursue the goals of human dignity, freedom and the right for people. The hallmarks of the modernization of the law is the full recognition of individual rights of citizens, and thus give them the full protection.As the increase in awareness of the legal system,the commercialized right has become the focus of people's attention gradually. Making the legislation of commercialized right perfect, then it can enhance the enthusiasm of party transaction and inject new vitality for the prosperity of a market economy. During the market economy environment, many personal marks have certain economic value, and the personal right has more and more property characteristics. Its commercial applications make the personal right become an inevitable, so the protection of commercialized right will become the focus during the development of personal right.Personal right, not only exists in real life, the problems happened under the network environment also deserve our attention. The virtual network environment makes the violations of the personal right more serious. The rapid spread of network influence required to be fully regulated.The Constitution protection is not a substitute for civil law protection of personal right, so personal right should be regulated at the Civil Code in detail. Personal right as an independent part is the objective needs of this private law, the inherent requirement of the law civilization and the inevitable result through summing up the world and domestic experience. It embodies the spirit of legal humanism, expressed their full respect and care to people, and echoed "people-oriented" basic concept of our harmonious. The codification of Personal right requires it should not be replaced by tort law and should not be included by the main boby the civil system. Personal right should be regulated as separate provision in order to give adequate protection to personal interests.This thesis will reveal its core position in civil law system, demonstrate the fully protection to personal right if personal right is regulated as separate provision, and can provide theory support for the opinion that personal right should be separated as independent part from the aspects of the constitutionalization of personal right, the relationship of personal right and human right, commercialized right, network personal right and codification of Personal right under the previous academic achievements.