Research Of Personality Right Commercialization’s Law Issues

Personality right is basic and the premise of enjoying other human rights. It must be confirmed and protected in order to implement comprehensive development of human. In modern commercialization society, personality right’s property attribute shows up increasingly, accompanying with high development speed of economic and the rise of advertisement and media business. These factors make personality right commercialization become a kind of trend. It occurs many law issues because of the gap between traditional and non-traditional concept about personality right. However, domestic reference theoretical study is not mature and many issues are still waiting to be solved.To deal with real demand and the insufficiency of current research, author try to pay effort to the structure and improvement about law system of personality right commercialization, basing on precursor’s achievement. Here are his article’s thinking and explain approaches:Firstly, make definition and analysis its property, then get the conclusion:we cannot simply define personality right commercialization as property rights even if its property feature appears. It also analysis personality right’s development and future trend from historical perspective, including its source in America and development in Japan and Germany, especially the field of significant legislation. Secondly, state the value of personality right commercialization. Concretely expatiates its importance and superiority, makes theoretical analysis by considering the legal theory and method of economics, explains rationality on theory level. Thirdly, put forward author’s own view to domestic situation via studying foreign law system about personality right commercialization. Finally, deeply researches the parts regarding personality right commercialization in "The law of personality right"," Copyright Law"," Trademark Law" and "Anti Unfair Competition Law". Author points out current status and defects, put forward the proposal about establishment of law system, admission of partial personality right’s negotiability and succession.