| The natural people' s character is that the physical and material content which is in the independence in the law, the character or nature that is regarded as the person, such as life, health, body, honor and so on. The concept of the rights of nature of people' s character means that the nature of people have the rights of their own, belonging to the range of controlling rights and absolute rights in the civil law.The development of the natural personality of modern time coming out from civil law to constitution gradually become the tendency of "The natural personality right France" adding the private life of right to the civil law. Further more, enlarging range of the private life, in order to renew the lack of the protection of practice and theory; With German' s opinion for the law, by passing the personality right of concept explanation to create or enlarge the old civil personality rights of range. Holding the right of constitutional rules, to protect those the human being' s necessary right but the law still not to rule, the law of English and American take the measure of adding the some rights of personality of case to the constitution of law. For example, private rights, the dwelling rights, reliving rights, Japan, Sweden, Ukraine and so on, either making the law of personality right independent or adding the clues of the personality right in order to enlarge the range of personality right. In our country, basing on the "Rule of civil law" , the personality rights protested by the series of the explanation. Of course the measure show the comebacks of the evaluation of human being and respect of personality and have a huge meaning of building the constitute of civil law.There are many defects in our country's civic law about person' s personality right. It can' t cover on those basic attributes as a person: First, it is short of protest system' s construction. Second, it is short of specific person' s personality right intention. Third, it is short of "civil law general rule" protect person' s personality rights. Fourth, it is short of judicature' s analysis legislation and man- made law. Fifth, it is short of principle about private relief. Sixth, there are no prescription on country' s mental damaged compensate . It is worse lack about our country civil law' s prescription, especially when it comes to the question about person' s personality right' s mental damaged compensate, extending protect person' s personality rights benefit of public information and other higher benefit' s priority.In order to compose the protection system of natural people' s rights, we should build up the views of constitution, break through the thinkingof narrow real evidence, insist on personality rights, as well as develop the freedom personality rights, the dignity rights, and something else' s rights according to constitution. Meanwhile, we should consummate compensating system of personality spirit damage, construct the law protecting system of personality extension rights, require system of personality and limited system of personality protection rights.In a word, the protection of natural human being' s rights of personality should be shelled by the civil rights settled by the constitution. Only through being adjusted by civil law, can the natural human being' s area of civil be developed and improved... |
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