Expansion Of Personality Rights

As an important component in civil rights system,The right of personality is closely connected with and can not be separated from civil subjects.The basic value of the right of personality is to realize and protect the basic interest produced from legal subjects . This paper argues that the right of personality is an open syestem. Whose connotation and extension are always changing and expanding from the beginning of its birth. The development of independent full and complete right of personality is the reflection of social progress in civilization. The right of personality showld be top aming an kinds of rights and showld be compiled s ingle---handed when making civil codes According the generdal theories of personality and the right of personality the historial studies of the right of personality and the expansion of the right of personality this paper divided into three parts to analyse and study the expension of the right of personality and it also discuses the legal locating of the right of personality when making the civil codes in our countryThe first part mainly introduces and discusses the general theories of personality and the right of personality since . Roman law produced the concept of personality has been not only emphasized by jurists, but also become the subject of studies in many science. Personality includes legal personality and fact personality. Legal personaliy produced much earlier than fact personality. Both of them, have completely different connotation and extension. Exclusively enjoyed by civil subjects the right of personality, whose object is the interest of personality, is the essential right for maintaining independent personality. The basic value of the right of personality is to reality and protect the independent person ality of subjects . Personality determines the right of personality while the right of personality expresses the individual'svalue and aims to realize personality. Realizing personality not only means maintaining the individual's life, but means having more rich and important connotations.The second partintroduces the historical devilopment of the right of personality in Chinese and other countries in ancient time and modern time, and legal general situation. This part also draws a siwple conclusion. Mean while , it illus trades the legal locating of the right of personality when making civil codes. In the his torical development of civil laws adroad, the right of personality is a law concept formally established by modern laws. However, the protction of the right of personality by law can be dated back to the beginning of law culture . Analysis and study of the distorical deve lopment of the right of personality abroad have great significance to our country in much better learning the legal experience abroad and perfecting our legislation of the right of personality. From several thousand - yearhistorical deve lopment of the right of personality abroad , the reader can clearly find that legistren of the right of personality is always chonging and the concept of the right of personality becomse more developing and rich in civil laws.In china , the historical development of the right of personality experiences three evident periods ancient laws period, contemporary laws period and modern laws period .Tthe three periods have totally different legistration of the right of personality. Each of them has its unique characteristics. At present, the important legal task that we face is to make a modernized civil code, which accords with political and economic reality in china and the fashion of developing laws The right of personality sould be independently compiled when making civil codes of the future, so that the important position and the emphasized value of proper rights in the right of personality will beexpressed.The third part elaborates the extension of th right of personality. With the development of the society, peopie's spiritual demands are increasing , and the extension of the right of personally - personality's intherest - is continually extending And the protectwn of the right of personality by law eventually is expressed in defining of its extension. To protect the right of personality much better , the protecting system that is suitable for the change of personlity's interest should be established in laws . It is impossible to stipulate all kinds of the contents of the right of personality . Therefore, this protecting system just provides specific rights of personality. Besides this , general rights of personality sould be added to this system. General rights of personality can explain , produe and supplement specific rights ofpersonality, and can solve the problems of there being not laws or regulations to go by . Its subljects are general, its objects are summarized and abstract and its contents can be expanded. General rights of personality are capable of "Creating the laws ", which deepen human's knowledge of the theories of right of personality, and protect , proper rights much better . All specific rights of personality that subjects of rights enjoy are set up in the listed way in every country . By different subjects of rights and ways of law's protection , specifil rights of personality fall into two categories material right of personality and spiritual right of personality . The development ofindependent full and complete rights of personality is the refaction of civilization's progress of the future . The development strengthening of its legistration and protecion of the right of personality have become the basic concepts in modern civil laws.