On General Personal Right

General personal right is a very important system in all system of personal right. In recent years, it has been widespread academic attention and led to much controversy. Undoubtedly it is of great theoretical and practical significance to research for the general personal right. It can improve our system of personal right and constitute the Civil Code in future.This paper will be based on China's actual conditions, from the current point of view on the general personal right in academe, the author mainly applies analysis by historical method, comparative method, sociology of law method and case method. This paper is divided into five parts to be researched.The first part mainly focuses on some basic theories of general personal right.Which have the concept, nature, history and links to other related concepts, and so on. There are many ambiguities about the definition of general personal right in academe. By analysing more representative point of view which from China and foreign country.This paper proposed the general personal right is a fundamental principle in all system of personal right, it can reflect the personal independence, personal freedom, human dignity, and to guide the legislation of personal right, the administration of justice. Through the definite concept, followed on the nature of general personal right has done a focused discussion. The nature of general personal right is core part of all problem about general personal right. It is directly related to the whole system of personal right whether are good. Despite the considerable controversy on this issue, but it is still not enough be researched in academe. Review from existing theory about the general personal right, the author proposed the general personal right is not the right in system of personal right,but a fundamental principle,which impenetrate the whole system of personal right, reflect the spirit and value of the whole system. By making clear the historical context the development of general personal right,from the Roman period to modern times, the development of the personality to personal right, to the establishment of modern general personal right.The author proposed that the establishment of general personal right can not be established overnight, but a long developing process. By making a comparison between general personal right and personal right, particular personal right, extended protection of personal right, it even more can clearly reveal the characteristics that general personal right is a fundamental principle in all system of personal right.The second part mainly focuses on body and principal content and function of general personal right. In nature, the general personal right is fundermental principle, which impenetrate the whole system of personal right. So it can be applied in natural from the application of general personal right. The key is it can whether apply in corporation.By the research of the nature of coporation and the corporative personal right, the author proposed that the corporation don't has personal right, so it has not general personal right. By the introduction and Analysis about the main content of the general personal right, the author agree that the general personal right is composed from personal independence, personal freedom, human dignity. Basing on the general personal right is a fundamental principle in all system of personal right. The function of general personal right reflect in the legislative, judicial and law-abiding.as for the principle of the measurement of interest. It is not a function, but the judges should consider it when they apply to general personal right in judicial practice.The third part focuses on the general personal right mainly from comparative law. By analysing the legislation of relevant to general personal right of civil law, common law, and China Taiwan. The author think it is Meaningless for the legislation of our general personal right.It as a result of our legal tradition and legislation of the former Soviet Union, especially we have already accumulated many experiences in the field of personal right by Ourselves, it can enable us to continue to go on along this road.The fourth part, from the actuality of our legislation of personal right, pointing out that there is no regulations of general personal right.Because it has no general personal right in our system of personal right, resulted in facing much unsolvable difficult in the process of judicial practice. So it is significant to construct the regulation of general personal right.The fifth part, basing on the previous discussion, thinking about how to build my legal system of general personal right. To Refer to the problem of constuction, on the basis of independent chapter of personal right in our all civil law system, constructing a unified personal law system by the model of article of general personal right and particular personal right. At the same time, it also mentioned that once we introduce general personal right to the personal right system, we must take into account the problem to appliance in China's current judicial practice.