On The Human Dignity

Lately, the whole world pays more attention to protecting human rights. The theories and practices of human rights get an unparalleled progress. With the development of the commercial economy, on the one hand, the natural person's personal rights appears the commercialized phenomenon, on the other hand, the trading body takes the independence body status. The above two kind of different phenomena have drawn out the same noun "the commercial rights of personality".This article is based on the concept of "the commercial rights of personality". Under market economy condition, its logical starting-point lies in trading body" the personality", The market economy is one free economic system in its essence. As a result of its independent status, the important base of its smooth running in the practice is that the market body has own independence "the personality". Therefore, this article approved the second "the commercial rights of personality" concept. The meaning of the first concept is "the commercialization" of personality rights under market economy. Based on the foundation of this concept, the article explored several kinds of commercial rights of personality, and discussed about the protective methods for request rights of the commercial rights of personality and the protective methods in tortuous act.First part: Personality rights basic questions. This part mainly introduced "the personality rights", introduced correlative concepts: Personality and Human rights. By comparion "the personality", "the personality rights" and "the human rights", the author made the concept of the personality rights further more clearly.Second part: The construction of the commercial rights of personality. In this part, the article has proven the significance of the commercial rights of personality by analyzing the jurisprudence base of the commercial fights of personality.For further understanding the commercial rights of personality, some basic questions were discussed, then, obtained the jurisprudence base of the commercial rights of personality. Through the discussion about the rights and duties, the rights and authorities, the article obtained the realistic possibility and the necessity of the commercial rights of personality.Based on discussing about trading body scope, the article cleared the range of the subject of fights, given explicit definition of the commercial rights of personality on this foundation. The commercial fights of personality: the unique rights of the trading body under legal confirmation, taking the trading personality benefit as the object, necessary fights for trading body's legal personality under commercial law. Afterwards, the article introduced several kinds of the commercial rights of personality. It mainly consists of the company rights, the goodwill fights, the trading rights of fame, and the trading rights of publicity.Third part: The civil law protective system of the commercial rights of personality. Two different legal protective methods of the commercial rights of personality have been explored in this part, namely, the protective methods for request rights of the commercial rights of personality and the protective methods in tortuous act.In the protective methods for request rights of the commercial rights of personality, the article was based on the existence of traditional civil law "real right request rights", and that the real right and the personality rights have similar absolute, exclusive and directive controlling common character, inferred the personality rights also to be supposed to have the request rights.The article paid most important attention to liability principle in tortuous act of the commercial rights of personality. The article gave general introduction about three liability principles about the violation of the commercial rights of personality. Then, the article discussed the onus of proof about tortuous act.Fourth part: the commercial rights of personality correlative legislative suggestions. This article put forward the legislation proposal in view of the consummation of the legal framework of the commercial fights of personality.