On The Improvement Of The General Personality Right In The Chinese Civil

General personality right is a great important civil right for a natural person, because it comes down to the basic idea: why a natural person is a person. The idea involves not only how to protect a natural person's personality interest, but how to improve our legislative system of personality right. In China, the system of general personality right had not been paid enough attention to in our academe because of our poor legal system and tardy development. So in our legislative field, with the rapid development of our society, our theoretical studies and legislative practice as to general personality right have made greater progress than before, but it's still necessary to explore how to improve our system of general personality right.This paper focuses on our system of general personality right to discuss how to improve general personality right in civil law, by which some suggestions are made about what should be watchful in the process of improving our system of general personality right. The author hopes that these suggestions will be beneficial to the improvement of our system of general personality right.In the real discussion, the author mainly applies analysis by synthesis method, historical method and comparative method. With the introduction of the evolution of general personality right and the research of it in other countries, such as Germany, France and Switzerland, as well as their comparative analysis, the author states that we should refer to the other countries' advanced experience, at the same time we also should pay attention to our real situation. Based on this, the paper analyzed the progress and lack of our legislative measures on general personality right, exploring deeply the condition of establishing general personality right, the subject of it , the content of it, the object of it, the legislative model of it, the application scope and conditions of it, and the measures of protecting it.This paper is divided into four parts.The first part mainly focuses on some basic theories and historic development of general personality right. The basic theories involve four authoritative approaches about general personality right, whose advantages and shortcomings are simply analyzed. Then the concept of general personality right is introduced and follows the relationship between general personality right and related concepts.The second part firstly introduces the current situation of legislation on general personality right in china. Although there is no relevant regulations in general civil law in china, yet some other single laws have touched upon general personality right such as Consumer Protection Law, Women Rights Guarantees Law and so on. It is especially the Explanation of Some Issues about Ascertain the Compensation Charges of Damaging Spirit in Tort that was offered by supreme court on February 26^th,2001 that makes Chinese general personality right reach a new height. However, it is still far from perfection, for example , relevant single law stipulates the system of general personality right but its applicable subjects are too limited while the legal steps on judicial explanation given by supreme court is relatively low ,and exists other loopholes. Therefore, the author holds that it is very necessary for Chinese legislature to perfect the general personality right.The third part concentrates on how to improve Chinese general personality right. The author believes that there are two approaches to deal with the problem. The first approach involves theoretical improvement of general personality right. In this subpart ,the author mainly focuses on four questions ,that is the conditions,the subject,the content and the object of general personality right. First, when establishing general personality right ,the author thinks that we should pay attention to some relevant conditions. Firstly, the interests involved of general personality right should benefit the necessary living interests which are protected by law. Secondly, the relevant interest should be life benefit which can be protected by law. Second, as for the subject of general personality right, some scholars think that it includes natural persons, legal persons and other social organizations. While based on its characteristics and origin, the writer holds that the subject should be natural persons. Third, as for the content of general personality right ,the author agrees with many scholars. The content of general personality right is the independence of personality,the freedom of personality and dignity, and dignity is its core content. Finally, about the object of the general personality right, some scholars think that its object is personality interests except concrete personality interests ,but we think that this viewpoint is unreasonable philosophically and can not elaborate the relationship between general personality right and concrete personality right clearly. The second approach involves legislative improvement of general personality right, which is the highlight of the paper to discuss how to improve general personality right in the legislative practice.in this subpart ,the author mainly focuses on three questions ,that is the legislative pattern,the applicable scope and applicable conditions,protective measures of general personality right .First ,in the respect of the legislative pattern, this thesis firstly introduces some foreign patterns including France pattern, Swiss pattern and German pattern. Based on comparative analysis, this paper points out that Chinese legislature should learn from foreign advanced experience on one hand and consider the specific national conditions on the other hand. When arranging general personality right, we put it neither in civil subject nor in tort law. Personality right should be independent and the relevant aspects should be explicitly stated . About the compiling pattern of general personality right and specific personality right, we argue that the pattern of general personality right, and specific personality right should be adopted. Second, as for the scope of application about general personality right, the writer argues that general personality right is only applicable to the cases that are related with the injury of personality interests. However, it is not very easy to master so when it is applied, more attention should be paid to other conditions that is law and interest balance, moral norm and specific social value in specific history. Finally, as for the protective measures of general personality right, we hold that apart from tort claim ,personality right claim is supposed to be set out which refers to the action or inaction when the personality right is infringed. Moreover, the function of general personality right claim differs from tort claim. The former attempts to prevent the infringement, while the latter tries to remedy the damage. The purpose is to protect the interest of the subject as much as possible.Chapter four mainly analyzes the significance of perfecting the general personality right which is to enrich Chinese personality right system, protect the interest of civil subjects and provide law basis for relevant cases.