Name Right "mapping" The Infringing Research

Names, are the most significant and representative features of personalities. The right of name is the very concept that we created within personality right to protect this important feature of personalities. The current status in China's right of name is that: on one hand, along with the economical and social developments, the right of name is turning out to be more and more"non-official","web-connected","passive"and economically concerned, which is totally different from the traditional civil law theory and add to the significance of the right of name; on the other hand, although Chinese jurists have long been researching on the right of name, yet overall, our legal system on the right of name still appears to be fragmentary, messy and non-systematic, in lack of both a essential definition of the right of name and the concern of the appropriation of identity features, thus is falling behind the request of our time. Therefore, it's time to rebuild our legal system on the right of name.This thesis mainly consists of 4 parts. In Chapter 1, the author—by conducting the case analysis of the ICBC Six Sisters case—points out the current challenges that our civil law encounters nowadays in the field of the right of name, summarizing the focuses of the case and carry on with specific arguments; in Chapter 2, by introducing the mathematical concept"mapping", the author unveiled the very nature of"name"and points out: the nature of name is a language symbol that can precisely pin out a certain personality; by comparative study, the author researches the clue of"mapping"in the two major law systems and come up with the suitable pattern that China should follow; in Chapter 3, by researching the"non-official","web-connected","passive"and"commercializing"trend of the right of name, the author stresses the significance of introducing the "mapping"system; in Chapter 4, the author summarizes the 2 major perspectives that we should employ to regulate the mapping infringement upon the right of name: the perspective of the right of name and the perspective of anti-illicit competition, and discusses the following issue of multiple liabilities. Finally, the author offers the legislative suggestions: to build a more precise, more natural and more foreseeing definition of the right of name on the basis of"Mapping"system and rebuild China's law on the right of name.