Research Of The Protection Problem Of Personality Right Property Interest

With the continuous development of the socialist market economy, the traditionaltheory of the personality right isn’t able to meet the needs of the comprehensive protectionof personality right, the concept of property interest of personality right has been widelyrecognized, it produced and developed with certain basis, it’s the inevitable result conformsto the trend of the times.The first part of this article is about the nature of personality right, and the controversyof the property of personality right, then talks about the reasons for property interest ofpersonality right. When the personality right of property interest theory gradually be sure,the nature of the traditional personality right is hit, although there is a lot of controversyabout its property, this article insists that the property interest of personality right can’tshake the basic attribute. At the same time, the produce of property interest of personalityright has allowable reasons as its support, there is basis to protect property interest ofpersonality right, so we should construct legal system to protect property interest ofpersonality right.In the second part, this article introduces two kinds of the main ways to protect theproperty interest of the personality right--American mode and German mode. This articlewill separately from the system and development, the formation of the protection scope andthe way of protection and etc. This article discusses systems of the United States andGermany, analysis the advantages and disadvantages of the two modes. The public right ofthe USA was produced in certain circumstances, its scope and the main ways of productionare according to the national conditions and the requirements of the system itself, but itcan’t adapt to our national conditions and needs. By contrast, German law mode has certainreference significance to our country, we should study to expand the scope of the protectionof personality right, make the mental and property interests be unified.In the third part, this article discusses about claims for damages of protect propertyinterest of personality right, we learn from Germany to improve the protection of theproperty interest of personality right, firstly to improve the damage compensation way ofprotection, make the rights can be protected through more effective ways. Through theanalysis of the shortage of the three ways, this article put forward the proposal to improveclaims for damages, to protect property interest of personality right more powerful. The last part of this article is about the conclusion of all content, affirm the essentialattributes of the personality right, use German mode for reference, and complete the waysfor claims for damages of property interest of personality right.