The Legal Regulation Of Personality Commercial Exploitation

Market economy is the major economic form of modern society. To realize the maximization of interests has become the intentions of the businessmen. More and more businessmen use the obligee’s personality identification for commercial aims without the obligee’s agreement, which would gain some profits at the expense of the obligee’s interests. At the theoretical point, The Civil Law has not been able to successfully explain the basic problems of the personality commercial exploitation. Because of the poor theory, we cannot find the beneficial guidance for judicial practice and the parties’ rights cannot be protected. So that when the judges deal with the same cases, they may make different judgments. At the practical point, the county and the society can resolve the civil dispute, maintain the social order by regulating the personality commercial exploitation.In order to balance the two parties’ interests availably, I discuss the necessity and the protection treasures of personality commercial exploitation by analysis the concept, comparing the legal rules and cases, analysis the rules in the perspective of the economics in this paper. The emphasis of this paper is the legal regulations of the personality commercial exploitation. This article is divided into five parts:The first part is the definition of personality commercial exploitation. In this part, I introduce the origin of the personality commercial exploitation, and state the theory relations between the personality commercial exploitation and the human dignity in the perspective of the philosophy. Then I explain the personality identification’s character which contains the spiritual interests and the property interests, and the legal character of the personality commercial exploitation.In my opinion, the action of the personality commercial exploitation is also the exploitation of the right of the personality. We just broad the protection scope of the right of the personality. I introduce the obligee, the object briefly. In addition, I state the different opinions of the personality commercial exploitation in our legal system.The second part is the essential requirement of the legal regulation of personality commercial exploitation. Because of the development of the society and the change of the economic form, the law cannot protect the personality commercial exploitation comprehensively. So we have some realistic conditions to construct the legal rules of the personality commercial exploitation. There are several different protection modes to regulate this action. But they are so uncertain as to rebuild a uniform regulation to protect this action. And I explain the status of the personality commercial exploitation in our country by citing three typical cases.The third part is the reasonable explanation of the personality commercial exploitation. I testify the necessity of the legal regulation of personality commercial exploitation in the perspective of the legal basis, the value foundation and the reality foundation. I further testify the significances of the legal regulation of personality commercial exploitation, which includes the natural person’s personality and the legal person’s personality.The forth part is the mode comparison of the legal regulation of personality commercial exploitation. I compare the legal rules between the Civil law legal system and the Common law legal system. And I introduce the Double right mode in USA and the Unified right mode in German, and explain the relations with our country’s national conditions. I suggest that we should follow the Unified mode.The fifth part is the legal regulation of personality commercial exploitation in our country. This part is the most important part of the paper at the basis of the present protection form. In my mind, we should adopt the No-fault liability imputation principle to protect the personality commercial exploitation. At the same time, we also confirm the protection aging and the reasons of excluding liability. When we will confront the illegal behaviors, we can have a lawsuit to the court to demand property compensation and some other compensation, such as stopping the infringing, offering an apology, eliminating the effects and recovering the reputation. If so, we can distribute the social resources effectively. At present, the civil theory only contains the characteristics of the personality commercial exploitation. There is any legal regulation in the Civil Law. In my opinion, the above behavior is the special tort.I suggest there should be some rules in the Civil Law to regulate the personality commercial exploitation. In addition, we should complete the relief measures to protect the personality commercial exploitation effectively.