The Essence Of The Theory Of Personality Right And The Civil Law Protection

With China’s social progress and human development, new social problems have been increasing, and the possibility of infringement of personality rights and the risk is expanding, so the public interest for the character requirements for comprehensive protection changing high. However, China’s civil law has been more focused on the protection of property rights. In 1986, the "general principles" made principle provision to the right of personality, fill a blank in legislation, but along with society’s progress, the personality right law has now been seriously lagging behind the demand of society and the public expectations. Therefore, in order to more fully realize the good and the right personality for the protection of civil law, our country should continue to improve the current system of moral rights legislation, comprehensively conduct the legal protection of the general personality right, construct the Chinese characteristic personality right protection mode.This article mainly divides into the following several parts:the first part is the theory summary of our personality right protection of civil law. This part makes the historical analysis of our personality right protection of civil law, which seeks the ethical basis of personality right protection through the comparative analysis of protection of personality right taken by Rome and medieval canon law. The second part is the comparative analysis of the legislation of personality right between the continental legal system countries and Anglo-American law system countries, and on the basis of this, the third part combs deficiencies of general personality right protection of our civil law through historical analysis, comparative analysis and logical analysis method, while the last part suggests the perfection of our personality right protection of civil law, and puts forward the corresponding improvement ideas in view of the analysis of deficiencies of our country personality right protection in the civil law:construct the concept of general personality right; expanse the content of concrete personality right, which puts emphasis on the right of privacy, right of chastity and personal liberty right, and scale them as a specific right of personality to be direct protection:in the aspect of perfect personality right law extends protection, perfect from the scope, mode, period of protection:on the compensation for spiritual damage is mainly to introduce the punitive compensation system improvement. The conclusion mainly makes the comment on the status of personality right in our civil code in the future, which should maintain characteristics of legislation of China’s personality right on the basis of perfect.