Study On The Civil Liability Of Damage Personality Content

With the socio-economic development, people’s attention on spiritual interests gradually improves, thus increases the cases on personality in judicial practice. At home and abroad, few people commenced comprehensive and systematic study on the specific systems of personality interests, besides, only a small amount of literature embodies fragmented research on specific personality interests. Lacking in the infringement or breach law on the personality matter, there is no legal basis for such a right to rely on.This paper expands further with the aim of the constituent elements of the tort liability and responsibility of personality, trying to establish the personality of the civil liability system. Combining with our legal and social reality, this paper discusses whether remedies for breach mental damages can be applied to the personality matter infringement, and makes recommendations to the establishment of physical protection of personality with foreign experience.This paper is divided into five parts. The first part is an overview of personality, including the origin of the concept of personality matter and definition of personality. First, it introduced the origin of the concept of personality and the content and attributes of personality matter. Personality matter is closely linked to the personality interests, reflecting the profound human emotion and will, the pain caused by the damage loss can not be substituted by remedy specific matter. Personality objects include both property interests and the interests of personality; both attributes and personality attributes of ordinary matter. Based on this, it analyses the specific areas of personality matter. The part mainly solves the problem of what personality is and provides the basis to judge whether judicial practice involves personality matter.The second part is about the basis of the establishment of for the personality matter civil liability system. It mainly solves the problem of the need for the protection of personality. It discusses the establishment of the personality matter civil liability system not only needs judicial practice, but also reflects the humanistic spirit of the civil law, in line with the current development of personality rights and property rights, moreover, follows the requirements of the principle of public order and good morals. The third part is about the depth study of the tort liability of personality content. Based on the scope of strict liability, strict liability imputation is mainly based on dangerous factors. Author holds opposing views with Professor Len Chuan Li. According to the Scope of fault liability principle and the relevant provisions of Compensation for moral damage Tort Liability Principles should apply the principle of fault liability. Then discussed whether Compensation for moral damage can be applicable to the Infringement of personality content on the basis of the conflict of "Tort Liability Act" and "The explanation about how to determine the liability of Compensation for moral damage".Part IV focuses on the relief of Personality material breach, dividing into personality matter’s possibility of the breach of contract and the applicability of the spirit damages. According to the applicable situation of the default imputation, it analyses the personality material’s breach of contract shall apply strict liability principle. It also Analyses the reasonableness of whether Personality material should apply breach of Spiritual Damage from home and abroad on non-applicability of the spirit of the damages theory and judicial status.The fifth part mainly solves the problem of how to relief. Based on the foreign judicial practice and legislation, this part proposes to expand the corresponding provisions of the Tort and Contract Law on damages for personality matter infringement and breach of contract for mental institution building. In addition, it proposes appropriate restrictions for the scope of the damaging of personality and its moral damage, and encourages the parties to resolve on their own in order to reduce the cost of the administration of justice.