On The General Personality Right

With the development of modern society, human being shows solicitude for self s rights and interests , every democratic state pays attention to studying personality right gradually , our country civil law is inclined to the system studying property , treats with indifference and ignores for a long time personality right system research. This is real and our country right system is fairly extremely not perfect, the research becomes more and more urgent. Another aspect, possibility and danger gradually are also feasible. Social structure of personality right is encroached on expand unceasingly, civil law wants the various rights and need to study the natural man and enjoy life "as a value people". Among all countries especially Germany appears. In our country the new model of personality rights and interests dispute has already appeared frequently in the present stage of actual judicial practice. Because our country law now has not general person right that court is confronted with the awkward aspect unable bringing process to trial. Although some courts manage the case legally and reasonably. Legitimate rights and interests have been protected according to law, but legal blank space lie on. General personality right is more abstract but can meet the actual life challenge beyond doubt, it have been led into science of law community in common view.The first part begins from the personality and the personality power, summarizes the general personality power definition. It is relative to concrete personality right, it is a general right and nature right according to law. Part one is the main body of book core content. General personality right is one kind open to the outside world. General personality right is one reason right that natural man and corporation commonly all enjoy, can not deny corporation personality right existence because of the person come into being and natural man appeal and demand spirit compensation for damages .The main body of a book Part II is the main body of book core content. General personality right is one kind open to the outside world. General personality right is one reason right that natural man and corporation commonly all enjoy, can not deny corporation personality right existence because of the person come into being and natural man appeal and demand spirit compensation for damages . The content of general people right includes personality equality, personality independence and personality liberty, dignity of human personality. The law characteristic of General personality right is Universality, general and legal.Part three the author analyses the main body of a book from the legislation comparison , continent law and UK-US law base on the method stipulating and are unlike protection to general personality right , theory takes emphases on a few representative countries according to history and parallel method of transverse direction from background , theory , the author tries to explain that general personality weighs up in current situation and effect in every country , comes to a conclusion: Suggest that our country may adopt a sort summarizing that concrete enumeration combines each other ,adopt American case law experience at the same time in practice, using general principle to restrict the liberty of a judge and sum up and supplement in case, develop perfect general personality right, using various necessaries protection and affirming that legally protection.Part four the author analyze current situation and deficiency of our country legislation about general personality right, though has set up "personal right " in Chinese mainland "General Principles of the Civil Law ", stipulated various concrete personality right but not stipulating a sort such as general right, dignity of human personality have acted in the 101st item as the legal protection regulation, courts has managed a large amount of the law case on personality right trials, it's effect and has been very significant since self General Principles of the Civil Law in 1982 is promulgated, But general personality right regulation do not exist in the law, entire personality right system is not perfect. The general personal right need develop. Not general personality power rule, the personality power system is not the integrity and the science, needs gradually to consummate and the development in the legislation and the judicature. Constructs the general personality power system in China, is advantageous to protect citizen's personality benefit well. If we have established the general personality power system, the judicial organ may rest on the general personality power system to process and to settle a lawsuit. Establishes the general personality power system to conform to the basic rule which the society develops, it is the legal system consummation and a civilized sign.