Concerning The Preventive Protection Of Personality Right

With the civil society continues to mature and the continuous development of marketeconomy in China, the citizens’ awareness of their rights has become stronger. Recently, ourgovernment gradually deepens the "people-oriented" concept of governance,and at the sametime, the system of personality right and its protection that are to maintain personal dignity,thepersonality independence and the equality of personality get wide attention of law scholars.Thispaper, as an integral part of the protection system for personality right, builds a initial butindependent system to consure a well protect for the personality right, and learns from thesystems or the theories in the procedural law of our country and other developped countries,hopping that everyone can get the interests of the whole personality through the improvement ofthe substantive law and the procedural law.The discussion of the issue is mainly divided into four chapters in this paper:The first chapter introduces us the urgent need to establish the concept of preventiveprotection for personality right. This chapter mainly introduces the necessity and importance ofthe preventive protection for personality right, through the connotation of personality, therelationship between personality right and personality, the relationship between personality rightand human rights, and also the background of personality right’s protection.The second chapter mainly introduces the syetem for the right to claim of personality, whichis an important part of the preventive protection system of personality right.This chapter aims tobuild a better system which contains all the rights to protect our personality right,and its contentsare as follows: the independent existence theory for the right to claim of personality right, thewhole contents of the right system, and the relationship between the right to claim of personalityand "Tort Liability Act".The third chapter mainly introduces the syetem of act preservation in the field ofcomparative law for reference.It contains the part of injunction in the common law and the falsepunishment system in the civil law,which can be used to guarantee the effect of theimplementation of the system of preventive protection for personality right in China.The fourth chapter mainly introduces the establishment and improvement of the system ofpreventive protection for personality right in our country. This chapter summarizes from both substantive and procedural law,and supplies more and better notes accout to the problems anddeficiencies in the current law, in order to establish the system of the preventive protection forpersonality right,which is suitable in China.This paper proposes a little superficial understanding of my own, and I hope that it canreach a valuable role, and can be able to provide some useful reference for our country’slegislation.