The Study Of General Personality Rights

General personality rights as the "mother right" of concrete personality rights, it is a frame of sexual rights. It has an important place in the system of the right of personality. It not only can maintain personal dignity and freedom very well, but also has important practical significance to maintain social stability and promote social harmony. However, Chinese current legal system is not clearly defined general personality rights. The lack of general personality rights leads to the difficulty to protect new emerging personal interests in real life. Although our Constitution has defined the fundamental rights of human dignity, because of the Constitution provisions cannot directly apply in the specific judicial practice, so the current taken by the Courts on the protecting method not only cannot reasonably protect the interests of the new personality but also departure from legal clashes.Our country is in a critical period of building a socialist legal system, the formulation of the Civil Code and the Personality Rights cause a lot of theories about personality rights, on the same time, general personal rights as an important aspect of personality rights obtained more attention. Since the creation of the general personality rights proposed by the German judiciary system, because of its unique content of uncertainty, special rights and functions, it caused controversy and research never intermittent. Therefore, this essay do a careful study of the general personal and hope has some hope for the future of China Civil Code and the Personality Rights. The framework of this paper is as follows:The first part is an overview of the general personal right. This section mainly introduces the source of the General Personality Right, German doctrine and the jurisprudence played an important role in promoting the general personality right,"letter to the editor case" is established in accordance with the general personality right flag. After introduce the major countries’ doctrine debate of the concept of general personality right and the nature, then I come to my point of view, and further interpretation of the nature the general personality right. General personality right on the concept of uncertainty and constitutional attributes and civil law property bidirectional properties allows us to draw general personality right is essentially belongs to the legal interests, not a right.The second part is a comparative analysis of the general personal right. This paper selected four countries, Germany, France, Switzerland and Japan. The German Civil Code, the France Civil Code and the Swiss Civil Code as three classic Civil Codes, the legislation of the three countries on the right of personality have their own characteristics, for example, the general personality right system proposed in the German Civil Code, the general right of personality protection clause in the French Civil Code and subsequent interpretation of the concrete personality, the Swiss Civil Code described the development process "the relationship of personality-personality-personality rights" in detail. We can learn something from the laws of the three countries. The reason of this paper chose the Japanese Civil Code as one of the comparison object is that both Japan and China belong to the same following the law countries, both of them subjected to French law and German law, while Japan is how to learn from other countries’ legal systems build suitable ways and means of the legal system is worth our reference. Now, our country is in the occasion of the Civil Code, blind copy of other countries’ legal system is bound to affect our legal process, and thus selected by observing the Japanese legislation can play a role in the construction of China’s legislative significance.The third part discussed about the perfect of the general personality right. Although China’s legal system has passed the Constitution, the Civil Law, the Tort Liability Act, the implementation of integrated protection of personality rights, but due to the lack of civil law in general personality right system often makes legal practice difficult for new personality benefit to be reasonable protection, in order to compensate for this legal void, thus proposed the establishment of a general personal right system. Next, this paper analyzed the need to establish general personal right system not only helps to improve our legislation, but also contribute to the overall protection of personality rights. However, the general personality right legislative building needs to consider the multifaceted elements, it needs us to clear the concept of the general personal right, for the main legislative model, at the same time we recognize that the boundaries of the protection of personality rights, and the freedom of expression reconcile problem. General personality right system is not dreamed up or copy can be, it needs to take into account the reality of our national conditions, to design a system suitable for China general personality rights.