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The Comparison Of Personality Dignity In Constitution And Personality Right In Civil Law

Posted on:2013-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2246330395970780Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The relationship between the constitution and the civil law has beencontroversial in the legal science, personal dignity of constitutional and personalityright of civil law are involved people’s personal interests, but the regulation for thepersonal dignity in our constitution is very narrow in theory, even is a blank space inpractice. our civil law for the provisions of the personality rights is moreextensive, and in academia, the attention of personality right in civil law is very high,personality right of civil law in the legal science be attach great importance to the case,the legislation has been further confirmed. Based on the above situation, we have tofurther study a series of blank question of human dignity appeared in legal field.Thispaper carries on comparison about the personal dignity of constitutional andpersonality right of civil law in theory and practice, through the correct understandingand perfect the relation and difference between them to make us go out of the legalblind area as soon as possible, and make the personal dignity of constitutional toguide and extension in different sectors normally, and prompted the relevant right ofdepartment law affects the constitution while the personal dignity of constitutional isnormal operated in department law, which enables the personal dignity ofconstitutional has being consummated in theory and practice.Under the present situation of the discussion on the the right of personality Inour civil law, constitutional right to dignity has just started, the personality rights as acitizen life with the civil rights, and has been highly attention is law, and in ourlegislation system for sure constitutional right to dignity in civil law and a comparisonof the right of personality is very necessary. Human dignity is the core value of theconstitution. Based on which the principle of national sovereignty is produced,emphasizing person is the purpose of the society, in no case can it be used as a means,everyone’s self value should be respected. Countries need to create conditions topromote the realization of the personal dignity. Our constitution and civil law andother laws have specific stipulation of the personal dignity, but to the personal dignity,the constitution and no positioning fuzzy nature of both referred to distinguish dignity,appear even the cross use phenomenon, leading to the personal dignity of therealization for trouble. So, it is necessary correct understanding of human dignity, personality and the general concepts of personality in their relationship and analysis.since the realization of human dignity in our country is grim besides need add dignityin the civil law in the field of tort liability law stipulated in the constitution, shouldemphasize its core status, and sets specific relief path.
Keywords/Search Tags:right of personality dignity, personality right, civil rights, constitutionalprotection, the judicial relief
PDF Full Text Request
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