Derived From The Identity Of The Right To Personality Rights

Beginning from the Corp. Jur. civ., this article research on the meaning of "status" . The research corrected the wrong understanding of status. Since long ago, the word "status" is narrowly understood as "a person' s condition which locates in the specific social relations" . In the author' s opinion, the word "status" has two meanings in the law: firstly, it refers to a person' s condition which locates in the specific social relations; secondly, it' s a label of certain personal benefit. In the significance of the modern status right, it should take the second one. On the basis of this conclusion, the author find the essence of modern status right—non-basic personal right. On this foundation, the author further proved the necessity of the transformation of the concept of traditional status right, and rename the status right as the derived personal right finally. In the last chapter, the author reconsidered several questions which has puzzled our country' s field of civil law theory . since long ago: question of Spouse right and intervenient , question of the essence of guardianship, question of the essence of parental right , question of the protectionfor personal benefit of dead person .