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Judicial Application Of General Personality Right In China

Posted on:2014-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZengFull Text:PDF
GTID:2296330467965113Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social and political economy, the interactionbetween the life make more and more reflect the complexity of social relations,diversity.People more and more attention to the development of personality and the protectionof their rights.In the modern society, the personality right is not only related to citizen’s basichuman rights protection, but also build an orderly, harmonious social foundation.The rapiddevelopment of society and people’s growing rights consciousness requires the law to updatedevelopment to protect the interests of the obligee.But as the civil law of China, the legislativeprocess is quite complex and long.Can’t avoid will lag behind the development of society andpeople’s growing claims.The general personality right is very important in personality rightsystem of the system.Relative to the concrete personality right,The general personality right ismore comprehensive protectors of the social value and their own value,Protect the equality,freedom and dignity.But because of the height of the general personality right generality andthe connotation of uncertainty cause many problems in judicial application.So in this paper,through case analysis on general personality right in judicial practice,The problems in theselection of general personality right in judicial application,Aiming at the improvement of thegeneral personality right judicial application problems put forward opinions,Looking forwardto the general personality right in judicial practice in China.Based on the case analysis model in this paper,Is divided into five parts altogether.The first part is the introduction,Introduces the writing background of this article,Writingcontent,Writing methods and practical value.The second part is the introduction to case were briefly reviewed,Summed up the case ofdisputes and disputes,Have been summarized and advice to support the analysis of reasons,Lay the foundations for the analysis discussed below。The third part is the judicial application of personality right protection system in China isanalysed,The author from the necessity of improve the system of general personality rightprotection in China,German general personality right of judicial application for our referenceand advice in our country shall be applicable to the general personality right.Elaborated theauthor apply to some of the general personality right in judicial opinions and ideas.System of general personality right as a comprehensive practical and protect the value and dignity of the law technical measures.Has the law methodology significance,Is thecode of civil legal system of socialism with Chinese characteristics to overcome the closedand rigid.In order to adapt to the continuous development of human society and the code itselfclosed tension and increase the elasticity of the system design,To explore the generalpersonality right to set up the citizen’s social responsibility.To protect the rights of citizen’spersonality growing hair protection demands plays an important role.
Keywords/Search Tags:reputation, The general personality right, Judicial application
PDF Full Text Request
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