Research On Legal Protection Of The Atypical Personality Interests

Legal protection of the atypical personality interests in our academic surviving in the larger controversy.All along, China adopted the concept of “general personality right” based on German law and attempted tocover the whole personality interests should be protected by law. Currently, many scholars have realized thelimitations of “general personality right”, research on the historical origins and the formation process ofgeneral personality, indicated the unreasonable use of "general personality right", but for some not yet beencommenced depth. In this paper, cases of atypical personality interests in recent judicial practice were sortedand analyzed. The nature of atypical personality interests and the protected mode also be discussed. Aims toprovide a useful reference for the protection of the atypical personality interests. Writing paper is divided intofour parts.The first chapter leads to the object of this paper by examining legislative atypical personality interests ofour country and the judicial protection of the status quo. Legislation on protect the atypical personalityinterests dispersed in different potency levels of laws, regulations and judicial interpretations, there is noprotection system. Judicial practice to protect the atypical personality interests usually by using “generalpersonality dispute” as the cause of action filed, are often protected by concrete personality and generalpersonality staggered chaos. Practice and “the provisions of cause of action in civil cases” has a far cry fromthe lack of uniform standards.The second chapter describes the prerequisite of understanding atypical personality interests: personalityinterests monism. This section discusses the history, the creation of general personality right system, the statusand the nature of general personality right attributes in the German civil law, which pointed out that China’sdomestic awareness of “general personality right” has misunderstanding and misuse. On the other hand, bystudying a few typical outside country for personality interests protected mode, so as to arrive personalityinterests are inseparable. Finally, the author cleared the significance of personality interests monism for ourcountry to protect the atypical personality interests. The third chapter constructed the protection model of atypical personality interests. The author discussedtwo typical domestic protection mode. In view of the limitations of personality interests monism, the authorrecommended the separate protection of the personality interests in the macro element based on personalityinterests monism, and analyzed the structure of separate protection mode.The fourth chapter proposed the thinking of improving protect atypical personality interests in our country.In order to avoid the lack of protection for the atypical personality interests caused by the disorder ofprotecting personality interests in judicial practice, the author put forward micro-assumptions of protecting theatypical personality interests from tort law and application of law, and gave some detailed descriptions.