| The personality right is the basic right of civil subjects entitled by law. Closely related to the body and the separate personality, the personality right has been playing an important part. Therefore, the natural person's personality right should enjoy its separate position. In Ancient Rome, law had entitled the free man independent personality. And with the time pass by, people gradually realize the inherent value of personality right, and put forward the popular view of human rights. The interest of life, body, health, freedom, figure and reputation is the must right of "being a human being", and has to be protected by law. Had a person lost these rights, he had lost the basic qualification and value of being a man. The Constitution and the General Principles of Civil Law (GPCL) has provided the natural person's personality right, which is a great creation of our country. However, on the general part, there have been a great many problems in its theoretical research, legislation and judicial practices. We do not have a mature system of personality right, and we have not drawn enough intention to the general personal right; many new particular personal rights have not been included in our law. With the new Civil Law being created, the circle has different views upon the position of the personality right in the Civil Law. To begin with the basic theory of the personality right, I try to, in this paper, compare the personality right system of the two main legal systems, and find out the shortcomings of our country's law and the way to imperfect the whole system. |
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