On Commercialization Of The Legal Protection Of Personality Rights

With the prosperity of the market economy, moral rights commercialization phenomenon emerged. This is a new challenge to the traditional personality rights issue, but also that we face. Whether it is a star, or ordinary people, people will have their own personality logo for commercial purposes, in order to accumulate wealth. Therefore, businesses also improved product sales. This is a win-win situation. However, behind this prosperity is more disputes. More widespread commercialization of personality rights, our country has no law to regulate. According to the traditional concept, personality rights has the exclusive right and spirituality. If you do not recognize the personality identity has property, this is bound to hinder the development of the social economy.Contents of this article can be divided into four parts. The first part is an introduction to the commercialization of personality rights, including its concept, subject, object and implementation. The second part discusses the foreign protection mode, where the use of the comparative method, selected the two most typical country- United States and Germany are introduced, and the country two systems were compared. The third part is the elaboration of the legislative situation of our country, and analyzes the shortcomings of current legislation. The last part is the legislative proposal. This section first foreign model in our feasibility analysis, concluded that the German model is more worthy of our reference. Subsequently, the author against our laws made specific recommendations, Including the remedies and restrictions of commercialization of personality rights.The fourth part perfects the protection system of our country of the commercialization of personality rights proposals on the basis of the above.The Development of new things always have repeatedly twists and turns, the emergence and development of personality rights commercialization true. The law can not be achieved in short time. Therefore, we should first keep a good attitude, the courage to accept new things. Then we must carefully study the existing theory, national laws can learn from nature, to learn the useful elements for our use. Finally, the characteristics of China’s national conditions and legislation, as well as social development of our country, for our laws to be refined and improved trust in the near future, we will be able to realize the full commercialization of personality rights and full protection.