Legal Research On The Protection Of Commercial Personality Right In China

The traditional theory of civil law considers that the personality right which possessesspecificity and non-property．Merchandising personality rights broke the character and caughtthe enormous influence．People enhance credibility and reputation through their uniquepersonality. At the same time，people have benefit which is inevitable in the process ofsocio-economic development．However Chinese civil law was not regulated merchandisingpersonal identity.In order to prove merchandising personal identity’s reasonable existence，the writerinvestigated personality’s theory and reviewed the history of right of personality andprocessed its new trends：merchandising personal identity．On this basis，some ideas andsuggestions were set out about China’S legal protection in merchandising personal identitythrough analysis of China’S legislative situation and adoption of the United States andGermany’s legal provisions．This paper was divided into four parts：The first part, it was set out social phenomenon’sinevitable existence about merchandising personal identity through reviewed personalityright’s history and investigated personality’s theory；The second part，it was specified that weshould protect the merchandising personal identity, because it was proved that merchandisingpersonal identity has reasonable existence；The third part．it was analyzed the United States’legal system and Germany’s legal system about merchandising personal identity．The UnitedStates’ law takes double right modes and Germany’s law take unified right mode to protectmerchandising personal identity；The fourth part，some ideas and suggestions were set outabout China’S legal protection in merchandising personal identity through analysis of China’S legislative situation and adoption of the United States and Germany’s legal provisions.