Localization Of The Personality Right Legislation Mode Building

With the speeding up of the setting pace of <Civil Code of China>, the problem how tolegislate the personality right became one of the focus of civil law academic circles’ attention.However, the academic circles for the related issues on legislation model building of personalityright has not reached a consensus through a long term of discussion and argument. On the eve ofthe making of <Civil Code of China>, we must recognize that the need of the civil code systembuild makes the the personality right legislation system construction urgent. In the premise ofthis important situation, the problems of whether personality right need to be separate set, thesystem of general personality right and concrete personality right and the construction of theprotection of personality right will be in-depth discussed in this article. And give suggestions tothe construction of localization of personality right legislation mode, in order to do something toit.Except the introduction and the conclusion, the article is divided into three chapters.The first chapter mainly discusses the problem of which localization legislative modeshould personality right select. This article summarizes the current different theories and viewsof academic circles first. Then, comb and analysis the historical origin and legislative mode ofpersonality right from the angle of comparative law. Through the experience of comparative lawfor reference, the article holds that Legislation of different countries personality right conceptand mode has its specific historical and political factors, there is no relative merits of theproblem. The personality right legislation in China should take other countries’ codes oflegislation system as well as the value orientation into account, and carefully think about the distinction of the legislative cases to seek right attitude to “person”. Through this analysis, thearticle puts forward that the personality right should be an independent part in the future <CivilCode of China>.The second chapter mainly discusses the Localization of legislation system structure of thepersonality right legislation. The article will choose three important problems to discuss. First,whether general personality right is needed to be stipulated in our Civil Code. Second, thedivision standard and contains of the personality right of natural person. Third, whether legalperson need to have general personality and the content of its specific personality right. Throughthe interpretation of general personality right historical origin and analysis of its property, thearticle consider that the concept of general personality right shouldn’t be stipulated in the civillaw in our country and the role of the general personality right should be replaced by generalterms. The specific personality right of natural person should include three categories as security,equality and freedom. Legal person because of its nature particularity has part of specificpersonality right but don’t have general personality right.The third chapter discusses how to choose relief approach when personality rights areviolated. The debate mainly focused on personality right law and tort law how to deal with theclaim issue when personality rights are violated. According to the article, in dealing with therelationship of the two kinds of law, although there are still different points of view and conflictsbetween scholars, but these differences are not produced from the conclusion of value judgment,also does not come from apply effect of the law rules. It is reflected in the civil code systemlayout. The core is the basic idea of civil law and system logic design. According to the article,from the perspective of the system settings of the civil code, it is not necessary to separate theclaim of the And setting them in tort liability law is in accordance with the design of logicsystem. In the term of the relief way of personality right, the personality right protection systemcan be built according to the relief form of the personality right violations. It is centered onclaims for damages, assisted with stopping of infringement, restoring reputation and apology asauxiliary system. On the one hand it can avoid loopholes produced by the relief way, on the otherhand, it can also avoid the unnecessary repetition from legislation. Finally, the article summaries the problems and content in the passage through theconclusion, and make the subject get distillation.