On The Construction Of The Personality Right System

The law proverb said:"no relief, no right". The research on rights relief theory, is an important part in the system of civil rights. The right of personality as a civil rights, and civil subjects can not be separated from the civil subject, maintain their own independent personality necessary. With the development of modern social economy, all kinds of dangerous personality rights had been violated at any time. In order to safeguard the people’s value, dignity and security, perfect the legislation system of the protection of the right of personality, strengthen civil law of personality right relief and protection has become increasingly important and urgent.At present, the purpose of our current legislation, the Civil Protection of the right of personality based on the Tort Liability hub. In accordance with the "Civil Law", China’s Tort Liability commitment, covering two aspects of the civil law tort liability and absolute right claims. Includes both a tort claim for damages, including the civil law as an absolute right to request the content of the right to stop the infringement, eliminate the obstruction, eliminating the risk of the return of his property. This approach does not distinguish between the personality right infringement claims, there is no clear and systematic provisions of the personality right system will stop the infringement, eliminate the obstruction and eliminate the risk and return of property and claims for damages claims provisions tort Liability form, and these are the contents of the personality right. Personality right into the arrangement of the scope of the tort liability system, confused defensive protection and aggressive protection of civil rights, weakening efforts to protect the civil law. To solve this problem, this paper claims right of personality system were discussed, analyzed the personality right meaning, nature, pointing out the difference between its infringement claims, as well as build the personality right of the benefits of the system, how to build personality right system put forward new proposals.The paper is divided into four parts:The first part of the personality right is defined. Analysis of the meaning of the personality right, the nature and personality rights, tort claims, the claim of the right difference. Focus on two different personality right infringement claims generated, which contains, the statute of limitations can not replace the personality right infringement claims. Personality right is an independent right to request, and its existence has its significance.The second part of the analysis of the personality right legal basis and build the superiority of the personality right. This chapter first analyzes the personality right legal basis, followed by that create a personality right to request the right system is of great significance for strengthening the protection of the right of personality and of the right to request system perfect.The third part, examine the provisions of the relevant foreign personality right, as well as the current legislation is insufficient. This chapter provides an analysis of the civil law of the personality right legislation and the relevant provisions of the common law, legislation to provide a reference for our personality rights claims., It is also pointed out that the current legislation and the draft Civil Code only great importance to the protection of personality rights infringement claims subsequent relief role, while ignoring the personality right of this prior preventive protection of personality rights. Personality right to carry out the provisions of the tort liability system, and the personality right type characterized as "tort liability" to confuse the defense of civil rights protection and aggressive protection.The fourth part, the proposed establishment of the personality right system. This chapter on the basis of the analysis of the views of academic scholars put forward their own proposals. First, the placement of the personality right system, I suggest should be provided for in future personality right. Secondly, for the type of personality right, I believe that should be included to prevent obstruction of the right to request the to stop prejudice to the right to request and restore the reputation of claims. Subsequently, and their respective constituent elements were analyzed. In addition, the author also analyzed the way the personality right exercise body and exercise.