Research On Civil Protection Of Commercialization Of Personality Right

Personality right in the traditional civil law system of our country has two characteristics: specificity and non property. On the one hand, personality right is the right of the main body of the right. It can not be transferred, abandoned and inherited. On the other hand, the spiritual interest is the object of personality right and property interest is not included. But with the rapid development of science and technology, the growing of advertising media and the highly prosperous market economy in the modern society, the personality right breaks the boundaries of the traditional theory and begins to have more property values. The commercialization of personality right has gradually become a trend of development. Our main purpose is to enrich the connotation of the personality right, to establish and improve the legal protection system of the commercialization of personality right in our country. The study on civil law protection of commercialization of personality right can make full use of the commercial value of the personality right. It does not only protect the rights of citizens, but also regulate the market order, thus promote the development of China’s socialist market economy better.Under the background of Civil Law, we first introduces the typical case of the commercialization of personality right. According to the analysis of the phenomenon of personality right and the legal issues involved, the purpose and significance of this research are cited. Secondly, the study of the connotation, nature and the other relevant legal theory of the commercialization of personality rights lay a theoretical foundation for the following. Again, we could analyze different countries of two legal systems on the protection mode of the commercialization of personality right, then sum up and contrast, and seek the enlightenment to build the legal protection system of the commercialization of personality right in China. Then, we analyzes the protection path of the commercialization of personality right from the perspective of Personality Right Law, Copyright Law, Trademark Law, Tort Liability Law and so on, so as to analyze the current protection status of the commercialization of personality right according to our existing laws and the defects of the protection of the commercialization of personality right at present in our country. Finally, in the light of the problems of the commercialization of personality right, we put forward the Civil Law protection regime of the commercialization of personality right in our country, and we also construct and perfect the Civil Law protection system of the commercialization of personality right in our country from the aspects of the principle, the restriction of legal protection, the concrete system construction and the way of relief and so on. Among them, how to protect the commercialization of personality right in Tort Liability Law is the emphasis, which is also an important innovation here. The writing method includes the semantic analysis, the empirical analysis, the comparative analysis, the literature research and so on.With the development of market economy, the property attribute of personality right is becoming more and more obvious. Traditional Civil Law theory can not meet the needs of people’s interest protection. Therefore, recognizing the property value of personality right, clearing relevant legal theory of the commercialization of personality right, building and improving the Civil Law protection regime of the commercialization of personality right, can not only fill the gaps in the law, but also enrich the content of Personality Law and Civil Law system. And furthermore, it has important theoretical value and practical guiding significance.