Protection Of Litigation Right On General Personality Right

With constantly enrichment and perfect of the civil right system, the general personalityright gradually gain attention and got rapid progress. Disputes involved the generalpersonality right in practice appear frequently, but the general personality right has notspecified in the legal system in our country. Due to the litigation system based on thesubstantive norm, the lack of substantive rules must cause the applicable dilemma ofprocedural law, on the top of the list is the dilemma of exercising the litigation right as theconnection between substantive law and procedural law.It is critical that giving theprocedural law full play to respond to rights protection request from the parties. This paperaims at finding out ways of perfecting the litigation system in order to protect generalpersonality right. The definition and scope of general personality right is the basement,supplemented by litigation right theory analysis and the protection of the litigation right incivil law countries and common law countries will be discussed.Except the introduction part, this paper is constructed by five parts:Chapter one defines the concept and scope of general personality right. Throughcontrasting variety of theories of the general personality right, the author defines the generalpersonality right as: a right which protects the general personal interest, which is thefoundation of protecting the litigation right.Chapter two gives a brief introduction of the requirements of general personalitylitigation right. Through combing history of litigation right theory and analyzing every theoryof litigation right to show the development of litigation, this passage clarifies the rightrequests requirements of the right protection requests theory and further points out the factorswhich influence general personality litigation right according to the debate on generalpersonality right.Chapter three studies the litigation right protection system of the main exotic countries.Through comparative study on the litigation right protection system of the main countries ofthe civil law and the common law, this passage specifies the advantages that are needed toimprove litigation right protection just in order to perfect the theory research and practiceconsultation of the general personality litigation right based on the current situation ofjudicature. Chapter four analyzes the Chinese current situation and causes of protecting the generalpersonality litigation right. This part mainly discusses litigation right of general personalityright protection in China’s basic situation of legislation and practice, and discusses the causeof lack of litigation protection system of the general personality on the basis of the aboveanalysis.Chapter five reflects on the corresponding system about national litigation right ofgeneral personality right protection in order to help the improvement of the system oflitigation protection based on the foregoing research.