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The Protection Of Sound Right In The Civil Law Horizon

Posted on:2013-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:T T ShengFull Text:PDF
GTID:2246330362975559Subject:Law
Abstract/Summary:PDF Full Text Request
With the audio、video, clip the development of technology, and network extending in alldirections. The interests of the many voices against the phenomenon in real life. According to ourcurrent legal specification, sound interest is not well protected. Civil Code compiled with theimperative, with the introduction of a single law in the various civil law, still does not have thepersonality right of the introduction of the attention. Some of the new moral rights such us soundright to whether the relationship between the into law the rights of citizens can not pass legislationto protect problem. Based on this, paper the integrated use of comparative analysis, case analysis,sociology of law and jurisprudence research methods to fully demonstrate the sound is could bethe right. This paper intends to sound right to should become specific right of personality toanalyze.And put forward the legislative proposals of the voice of the right of protection of civillaw perspective. In order to provide some reference for future Personal Right or rights law.The first part of this paper show that the purpose and meaning of the topics. And to show ourcurrent research and sound right to inadequacies. Still need more people to study sound right tosound the right to make a more thorough.The second part is an overview of the sound right. Launched from the concept andcharacteristics of the voice sound concept of the right. Sound right to the content specific right ofpersonality of interests embodied in the citizens of their own voice and in their own voice. Soundright have four properties. Firstly, sound right is a standard phenotypic personality rights. Thesecond, the enjoyment of a particular natural person the exclusive. The last, this with spiritualinterests and property interests. To clarify the sound right to subject, object and content of rights.The third part discusses the basis in reality. The basis of judicial practice, legal basis, the basisof comparative law and moral rights of their own development needs. Deduce that sound rightbecome the specific right of personality is sufficient and necessary.The fourth part is the protection of sound right in the civil law. First clear against the voice ofthe right Elements,it’s must have a sound violations without the consent of the sound right.Followed by the sound right to protection of the three principles, that is distinguish between thespiritual interests and property interests. Sound right to protection standards, that is standard ofSpecific right of personality and Personality to identify the commercialization standard. Theprotection manner of Sound right Against the former prophylaxis, Against in relief,Responsibility infestation. Once again, sound right to the protection of some special problems,Total voice how protection issues and whether the deceased has to sound right,There is the voice of the right to protection restrictions The rational use of public figures sound And the needs of thepublic interest and the rational use of sound. Finally, how to solve the Civil Law Perspective soundright and protection of the rights of competing.
Keywords/Search Tags:sound, sound right, specific right of personality
PDF Full Text Request
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