| The right of personality is one of the fundamental civil rights,it plays animportant and special role in the field of civil law.According to the theory oftraditional civil law,personal indicia such as the name or the portrait whichbelongs to personality right is considered as spiritual right.However,with therapid development of market economy and the progress of social civilization,some indicia which symbolize civil subject are widely used in the commerce ascommercial advertisement or promotional products and other commercialbehavior.As a result,it brings considerable economic benefits and hugecommercial value and the commercialization has become an inevitable trend.Atthe same time,the traditional system construction and content of personalityrights has been unable to meet the needs to protect property interests ofpersonality right in the open situation,so the traditional system of personalityright is falling into trouble and facing new challenges.In this context, how toeffectively safeguard the legitimate rights and interests of civil subject and coordinate the interests of all parties in the society,has become an urgentmatter.But it is uncertain what rules and which construction system should beadopted.The protection of property interests of Personality right is an active andcontroversial problem in the contemporary law,which has caused the attentionof all circles in the society.For decades, scholars have done many valuableexploration and achieved certain results, but because of the complexity andnovelty of the problem, there are still a lot controversy.Many Countries havedeveloped different modes of rule to deal with this problem,in this respect,theorydevelopment of Germany and the United States is well worth exploring.Based on the existing research results,the author adopts the method ofcomparative analysis to do comparison analysis of regulation mode on theproblem to the United States and Germany,which mainly to represent the twomajor legal system.At the same time,with the research methods of historicalanalysis, the article expounds the personality right from the history to thedevelopment trend to elucidate the personality right is an process of continuousdevelopment and improvement,eventually providing an good experience and theoretical support for the legislation construction and perfection about theprotection of property interests of personality right.Therefore,to research thisproblem has very important theoretical and practical significance. This articleargues that the personal indicia of personality right shows independent propertyinterests and commercial value in in addition to the traditional spiritualinterests,which should be given sufficient attention and protection through theimprovement of legislation.This article first proceeds with the basic theory of the personality right andits commercial use,and outlines the general principle and the history anddevelopment trend to reveal the trend of the property interests of personalityright and its importance.This section is mainly to obtain an overall grasp ofpersonality right and its intrinsic property interests,so as to lay the foundationfor the further discussion.Secondly,with different perspective,the author attemptsto seek a reasonable and legal foundation for the protection of property interestsof personality right. Thirdly,the article does comparison analysis of regulationmode on the protection of property interests to the United States and Germany,which mainly to represent the two major legal system,so as to providesome reference on on the relevant issues in China ’s legislation.Then,in thissection the author mainly do some research on the domestic status from theaspect of legislation and justice and different views of scholars,so as to representthe current legal protection status and shortcomings. Finally, combining with ourcountry’s current research such as practice and practice,the author puts forwardher own personality on the structure mode and legislative suggestions of the theprotection of property interests. |
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