Font Size: a A A

Discussing Human Dignity Of General Personality Right

Posted on:2015-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:M WeiFull Text:PDF
GTID:2296330428498187Subject:Law
Abstract/Summary:PDF Full Text Request
General personality right originated and developed in Germany, the core of which wasprotecting the dignity of citizens and other personal interests, the German legislator whotaking the legislative skills was to keep balance between the law stability and case justice.The emergence of General personality right has made up for the lack of the German Civillaw, which has also impacted the France and other countries. After the founding of newChina, citizens’ consciousness of state ownership, protection of the rights and interests ofindividual character consciousness also developed along with the advancement of the ruleof law construction. In order to meet the demands of human dignity and the protection ofcitizens, our constitution protected the personal dignity of citizens, minors protection lawand other laws also protected the personal dignity of citizens. It is noted that our civil lawdoes not suffer the protection of personal dignity and is only for the interests of individualpersonality, which can not protect the new demands of individual personality, as the result,the general personality in our country came into being. After years of development, China’sgeneral personality theory has been maturing, but it is seldom discussed that how shouldthe judge defines the human dignity. In-depth understanding of the development of theGerman general personality right theory and developing the suitable models to definedignity human dignity become necessary.
Keywords/Search Tags:Human dignity, Subjective evaluation, Objective evaluation, Universality, Case Justice
PDF Full Text Request
Related items