On The Object Of Personality Right

Personality right is fundamental rights of natural person, the object of personality right is "object of right is that legal relationship of rights and obligations points", which is a component of personality right, whose certainty and precision are conditions precedent to the type of personality right and the legislation of the object of personality right. I study the object of personality right through comparative analysis, research of the system history and method of inquiry etymology.Except the part of exordia, this thesis is divided into four parts. Exordia primarily explains why I study the object of personality right. Through legislation of personality right leads to discuss the object of personality right, and then I discuss the importance of study of the object of personality right. Our scholars have different views on the object of personality right. In the first part, discussing the different views on the object of personality right in the academic field. There are four main views, that is personality, ethical value, personality interest and subjective element of personality, otherwise a hybrid he said. In the second part, discussing five different point of views on the above critical, "personality interest" is the main views, therefore, "personality interest" can not afford the logical and theoretical justification, "subjective element of personality" can be proved in history of theory, history of legislation and history of social practice, and it has a large space for development, so it should become theoretical analysis of future legislation designed object of personality right in the civil code. In the third part, pointing the object of personality right type, "subjective element of personality" can be for type analysis, which bases on different manifestations, subjective elements can be divided into internal elements and external elements, internal elements include three aspects, that is security, dignity, freedom. Originating from "security" of subjective element of personality, it leads to the right to life, the right to physical and the right to health; Originating from "dignity" of subjective element of personality, it leads to the right to equality, the right to privacy, the right to information, the right to reputation, the right to honor; Originating from "freedom" of subjective element of personality, it leads to the right to personality liberty, the right to sexual autonomy. External elements is personality identification, which leads to the right to name, the right to portrait, the right to voice. In the forth part, discussing "subjective element of personality" in the future civil code legislation should proposed for design vision. Through a comparative analysis of the civil code in other countries or districts and the recommendations (include only part of the general civil law) of civil code by four scholars in our country, it suggests that the style of the object of right in the draft legislation, exploring the object of personality rights in civil code with the concept of "subjective element of personality". Citing the right to select the personality right in the future object legislation in civil code, "subjective element of personality" should be a theoretical option, which divides into "internal elements and external elements" in the civil code. "Subjective element of personality" can be clearly defined, drafting legislation statutes about object of personality right. The article about the object of personality right as following:"Natural person’s object of personality right is subject element of personality, which can be divided into internal elements and external elements, the former includes security (life, body, health), dignity (equality, privacy, information, reputation, honor), freedom (personal freedom, sexual autonomy), the latter is personal identification (name, portrait, voice)."The innovation of this thesis is putting forwards a theoretical justification and types of "subjective element of personality", which provides our future civil code for a theoretical basis in the field of object of personality right.