A Research On Commercialization Of Personality Right

With the development of China’s market economy, the property attribute of personality right has been widely accepted by people. The use of personality right with property value has enriched the system of personality right to a certain extent. But civil jurist have not reached a consensus to determine the nature of the type of right.The current protection of the commercialization of personality right in our country presents the status of legislation that: the scope of personality identity protection species is too narrow, the protection of personality right is relatively backward. Although the judicial practice of our country has begun to protect the property attribute of personality right,but due to these problems that economic value of the commercialization of personality right is difficult to determine and the limitation of protection, the status quo judicial protection of the commercialization of personality right is not optimistic. In our country’s current protection theory, there are three kinds of theories: intellectual property right, commercial personality right and personality right.The protection of the commercialization of personality right has a certain theoretical and practical basis. Based on the theory, the labor theory of property rights of Locke and the libertarians of Kant provide the philosophical basis. The development of market economy provide the economic foundation for the appearance of the commercialization of personality right. Finally, the legislative confirmation of Constitution Law and Civil Law provide the institutional basis. On the basis of reality, its available value, separability, inheritance and compensability provide the reality basis to protect the personality right.The establishment of the system can not only conform to the development of market economy, but also have a relatively positive influence on the character, content and effectiveness. Through a comparative study, we found that many foreign countries have mature exploration and practice on the road to the commercialization of personality right. In common law countries, the United States as the representative of the “double rights” model and in continental legal system, Germany as the representative of the “unified rights” model provide a useful reference to our country.Thus, the improvement of the commercialization of personality right system should be carried out from the following two aspects: First of all, the scope of the commercialization of personality right should be restricted by the principle of equality and voluntary, the principle of public order and good customs and the principle of exhaustion of rights.Secondly, establish the commercialization of personality right in property damage compensation system, clear the component of property damage compensation, refine the criteria of infringement, clear the form of property damage compensation, strengthen the amount of compensation for property damage, seek to further promote the development and improvement of the commercialization of personality right.