Study On General Personality And Protection Of Civil Law

With the social development and human progress,more and more new social problems begin to appear, the possibility and the danger of infringement of personality rights is expanding, and the demand of people for the comprehensive protection of personal rights is getting more and more. However, we has focused on the protection of property rights in our civil law for a long time, we has never pay sufficient attention to the the protection of the personality rights. this leads to the protection of personality rights has lagged seriously behind the expectations of the people. In order to achieve more comprehensive protection for the right personality, we should continually improve our civil legislative system about the protection of personality rights, and strengthen the protection of the personality rights.At present, many countries in the world are carrying research and practice on the protection of personality right,in these approaches and measures about the protection of in all countries, general personality rights which Germany and Switzerland first built have the significant impact on recovering the protecting mode of specific personality rights. general personality rights become the focus of the practitioners and theorists in the continental law countries, especially in Germany judicial circle, the concept of general personality rights which is created in the practitioners is the most striking. But the concept of general personality rights can finally reach a consensus after going through a lot of controversy like any new things.the history of studying general personality rights is not long in our country.the study about the concept, features, content of the general personality right is still insufficient. the theory is far from complete, people can not clearly understand what is the general personality right. if we want to establish the system of the the general personality in our Personality rights protection system, we must first resolve the basic theoretical issues on the general personality right. The protection of personality rights the protection model which is used in China's current civil law is listed by type of the protection of the specific personality rights. We haven't all the details of protection clause about the general personal right, so when the judge resolve the new dispute about Personal interests,they are a loss, no laws.you can imagine the verdict, the judge themselves cannot recognized the verdict. The parties can not certainly accept the outcome. The conflicts can not be resolved according to the law, harmonious the Society is not harmonious.so the introduction to the concept of a Personal Rights is the common will of Jurisprudence. At present, China is actively brewing Civil Code, as the laws such as the contract law, property law, tort law are enacted. Civil Code began to focus on the Personality Right, so the study of the general personality right is of great historical significance.In my paper, I will do a more detailed discussion about the concept of Personal Rights, development, function, and its domestic legislation and the protection of civil law and analysis the Elements of the responsibility against the general personality right. I'm aimed that the Legislators will be able to establish the system of the general Personality Right in the Personality Right and make General requirement about its protection. As the theoretical level and writing skills of the author are limited, the study will be rude, however, thousands of miles is made up of many short steps, I hope to played a little help to improve the theory of the general personality right.