Legislative Principle Of Personality Rights

The pattern of personal right legislation is a very ambitious and difficult proposition. It is not only a legal issue, but also a philosophical and sociological issues. It is closely related a Series of issues ranging form human ethics to human nature. In the course of compilation of our civil code, there are drastic disputes on the pattern of personal right legislation. They also raise a number of representative views. But because arguments are inadequate, it is also difficult that the other sides accept these views.The article, beginning from Roman laws, follows the sequence of the vicissitudes of civil laws in continental law system, and explores the concept of personality in French laws and German laws. Personality, becomes from the concept of Identity to the bridge of Biological evolution to the legal people across, from the era of "people are not people" to the times of the "people are real people". German civil code realized the transformation from natural law to positive law. The authors of the code believe that personality is extremely abstract concept, therefore, the word of "Personality" was not adopted in the German civil code, on the contrary they created the concept of "legal capacity". The relation to "legal capacity" and "personality" is extremely Important for studying on the pattern of personal right legislation. With regard to the question, the scholars have different views. In fact legal capacity and personality are the same.When we research on the pattern of personal right legislation, that Personality is which kinds of rights is very vital question. Personality rights are, born with inherited, which is the right that a human being possess as what a human being. Personal rights are the rights of the constitution as much as they are civil rights. However, their functions are different. Constitutional protection on human rights is mainly to protect civil rights from violations by the government, while the latter mainly direct to Private violations. In the second part of the article, patterns of personal right legislation of some countries are Inspected in detail, seeking the legislating records in terms of personal rights in the process from Modern civil to Contemporary civil.The third part of the article, elaborates the authors's view : the personal rights should separate and be ruled in the civil rights body.At first, article analyzes some views and reasons of pattern of personal right legislation, which involves three views: the personal rights are not separate; the personal rights are separate and the middle ground view.Secondly, the article demonstrates views from Jurisprudence, Finding out relations between personality and personal rights, so as to set up pattern of personal right legislation. And this is also fundamental differences in "the view that personality should be a separate" and "the view that personality should by no means be a separate." Personality and personal rights should not be separate, Personal rights is right existing in the civil body. The rights that human being have as what human being are lie in the inwardness. The fundamental reason why the article insist that Personal rights should be ruled in the civil body lies in the inner relations between Personality and Personal rights.Thirdly, the article demonstrates that the views are proper from relations between Personal rights and The General Principles of Civil Law, Personal rights and Property law, Personal rights and Tort, Personal rights itself. At the same time the article demonstrates the non-feasibility of the two views from Jurisprudence, relations of Personal rights and Parts of the Civil Code, Legislative Technology, And accordingly, the article draw the following conclusion : that Personal rights should be ruled in the civil main is proper.