The Live Nature Of Personality Right Of Citizens

As an important private right and public right, personal right exists enacted not only by private law but also by public law. This phenomenon shows that personal right has held dual characters. The dual characters expands the scope of the object of personal right, personal benefit, advanced the protective mode for the right of personality. It is necessary to study the dual characters in order to perfect personality theory including theory of personality liability and protect citizen's right of personality to the full.The basic purpose of prescribing personal right by private law is to classification a natural person, which means abandoning discrimination, and protect a natural person's benefit necessary to his or her living and development against violation made by other persons. For no other reason than protecting a natural person's existing and developing benefit against public power, personal right has been enacted by public law, such as constitution etc. this two different purposed means the two objects of personal right enacting by private law and public law respectly are different although they have the same name including personal freedom, dignity of human personality, equality of personality and independent of personality. In other words just because of the dual characters of personal right the contents and value of the two objects are different.The perfect protective mode for the right of personality should including private law and public law in consideration of the dual characters of personal right. In China, the present situation of protective mode of personal right is not optimistic because the protective mode enacted by public law falls behind the another protective mode enacted by private law. This phenomenon is incompatible with the dual characters of personal right.