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Collective Rights Of Legal Protection Research

Posted on:2015-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2296330434457220Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Legal protection of a collective portrait,although not incorporated into the portrait ofour civil law system,but judicial practice in recent years,the endless disputes relating tocollective portrait,sparked widespread concern in the community,but also to stimulate thestudy of collective legal theory portrait of a passionate protection issues.Introduction mainly explained the topic of this article is based on research ideas andresearch methods.The first part mainly describes the basic theory of the collective portrait of theproblem.By analyzing the relationship between collective portrait and portrait ofcommercialization,we can see the trend portrait commercial use prompted the emergenceof a collective portrait of the legal protection issues.Through the concept of a collectiveportrait of clarity,unlike individuals have seen the collective portrait portrait particularity.Possess a collective portrait of particularity,the decision must have its own civil lawprotection in a manner consistent characteristics.By discussing the need for a collectiveportrait of Civil Protection,we can see the importance of a collective portrait of CivilProtection System.The second part is mainly a collective portrait of Civil Protection theoretical supportto be explained.Nowadays collective portrait endless disputes,mostly the need for acollective portrait protection issues,legal theory and judicial practice gives an affirmativeanswer.By seeking a collective portrait of Civil Protection of economics support,ethics andsociology support support for collective portrait needs to be paving the way for civilprotection.The third part in our current legislation and judicial cases,based on the conservationstatus of our country to be investigated collective portrait.Legislation,civil law but thespirit of protecting the interests of individual natural portrait of a collective dominantposition does not give people portrait portrait.Judicial practice for the protection of thecollective portrait of understanding are not uniform,and most remain at the level ofindividual portraits of protection is applied,has not given due protection of the collectiveportrait after commercial utilization inherent economic interests.Legislative and judicialstatus show that China’s lack of a collective portrait of the protection system,an urgentneed to explore the protection path suited to China ’s national conditions.The fourth part of the article is specific ideas on our collective portrait of CivilProtection.Clearly defined collective image rights is crucial to protect the collective portrait of the nature of the right to collective portrait of personality rights and arepositioned to re-define its connotation through the"portrait expansion,said,"clearly acollective portrait contains both spiritual and material interests through legislation twoparts,one of the substances of interest can be commercially used to obtain economicbenefits.Legal Protection of the collective portrait of the need to establish the civil lawcommercial use of personal identification to be the basis of a positive response,while fromthe perspective of personality right,tort law and the balance of collective image rights andrelated conflicts of interest to strengthen collective portrait of Civil Protection.The main explanation epilogue,after all,a collective portrait of Civil Protection is nota simple question of law,its own complexity and diversity of the interests involved in thecomposition of the structure determines its protection should continue to consider andthink through.
Keywords/Search Tags:image rights, collective rights, the status quo, the civil law protection
PDF Full Text Request
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