Study On The Legislation Of The Right Of Personality

With the development of society, in the complicated social environment, theindividual to protect their own safety consciousness enhancement, personalityawakening consciousness gradually awaken, seeking the protection of personality bymore and more people need. Law as the highest weapons to protect individual rights,was placed great expectations. Chinese law after years of development, the legalsystem has been established, and is already quite complete. However, the protectionof the rights of personality, has not yet formed a complete system, and in the law ofpersonality right discussion can be heard without end. A simple list of the generalprinciples of the civil law of personality right and several provisions no longer meetthe demand of the times. Therefore, for the protection of personality should be withnew attitude to re written into law, so as to protect the citizens right of personalityfundamentally.In this paper, firstly expounds the right of personality from the concept intheory, the nature and so on, with in-depth understanding of the right of personality, toprovide theory support for the legislation of personality; secondly, the relevantlegislation of the foreign right of personality is reviewed, through carries on thecomparative analysis on foreign legislation of personal rights, draw lessons from thegood experience from foreign legislation of personal right, personality rightlegislation to provide reference model and content; thirdly, developing status in Chinadiscusses the legislation of personal right, the analysis of the current legislation ofpersonal right in our country, the existing problems, using the method of comparativeresearch, put forward the legislation of personality model proposal. Finally, theanalysis of the use of literature analysis and empirical analysis methods to improvethe legislative content of China’s personality right and the relief way and puts forwardcounter measures, puts forward some constructive suggestions for the development ofpersonality right legislation in our country.Combined with the theory of personality right, national legislative experienceand based on the condition of our country, through this research can draw, can adopt cited provisions of concrete personality right and general personality right in the wayof the combination of personality right legislation mode of our country. Concretepersonality right should be stipulated content of each specific right of personality andthe extension, according to the social environment change to a timely manner ofconcrete personality right content rich. The provisions on the specific content ofpersonality right in China should pay attention to the protection of special personalityright of the subject, the establishment of an effective system to protect the right ofpersonality, in addition to the traditional tort remedies, should also set up theprotection of the right of personality and the right to request the right to supervise theprotection of personality right.Research on the legislation of the right of personality, highlight the protection ofpeople’s spiritual world, is following the requirements of the times, come true China’speople-oriented governing idea, improve the practical requirements of our country’slegislation system. To perfect the related problems of personality right legislation inour country, can promote the personality right legislation in China’s sustained andhealthy development, to create a good environment for the protection of the right ofpersonality, to the new order and maintain social.