On Civil Protection Of The Right Of One's Name

The right of one's name is a kind of specific personality right.For a long period of time,the right of one's name isn't regarded as an indivisible part of a person and thus takes a humble position in the right system.However, with the rapid development of economy and the increasing awakening of one's right consciousness.The cases of the right of one's name take the trend of rapid growth.The existing statutes are far from meeting the demand of the protection of one's name. The perfection of the system of the right of one's name and to strengthen the protection of the right of one's name is the fundamental demand for a man and the great discovery of man's self-regard.As a kind of exclusive civil right,the definition of law of the right of one's name includes the historical development of the right of one's name,the legal characteristics of the right of one's name, the nature of the right of one's name,the value of the right of one's name and the differences between the right of one's name and some related rights.The legal relationship of the right of one's name includes the subject,the object and the contents of the right of one's name.The right and the remedy coexist side by side.Contractual liability and tort liability are two types of the violation of the right of one's name.Tort liability is the main type and its constitutive requirements is made up of facts of damage,cause and effect, infringement and subject intent, and its infringement types include act of not using one's name,act of using one's name illegally, act of interfering with other's using one's own name and act of intentional confusion of one's name with the other's.The methods of bearing civil liability include cessation of infringement, apologizing,restoration of reputation and elimination of ill effects,restitution of property, advanced payment,penalty and compensation for losses.The perfection of the system of the right of one's name is the foundation of the implementation of the protection of the right of one's name.The ways of the perfection of the right of one's name includes legal restrictions of the right of one's name,the establishment of the right of claim of the right of one's name, the mode of the civil protection of the right of one's name.