Research On The Problem In The Commercialization Of Right To Personality

Commercialization of personality right has become a development trend of the theory of personality right because of the extensive use of mass media at the time of market economy. The traditional system of personality right has not adjust all the kinds of personality rights whose commercial value is growing fast. Commercialization of personality right belong to the category of personality right system. We should pay attention to the existence of business interests, identify and regulate it in the personality right framework in order to maintain standardization and clarifications of the existing legal system of our country, carry out and practice easily in the judicial activities, and make the commercialization of personality right conform to the trend of the development trend of personality right.The first part mainly discusses the personality right, analysis the basic theory of commercialization of personality right deeply, show that personality right of property interest has become increasingly important position. analysis of the connotation, Legal attribute and form of the personality right commercialization comprehensively.The second part conducts a comprehensive analysis from the social basis, theoretical basis, legal basis and practical significance, show the necessity and legitimacy of commercialization of personality right, provide a strong support for its existence and development.The third part after studying civil law, Intellectual property law and the economic law in our country, explore the related problems, raise the helpful ways of improving commercialization of personality right.The fourth part After studying the American public right system, Germany reunification rights protected mode, and Japanese image right system, the author find enlightenment of perfecting our relevant system of commercialization of personality right.The fifth part First things first, expanding the applicable scope of commercialization of personality right, improving the system of commercialization of personality right in the aspect of subject and object. Second, expanding the personality right of the power, abolishing the bound for personality right which comes from the traditional theory. We should admit that some parts of the personality rights of property interest and inherits the negotiability. Third, impose restrictions legitimately on commercialization of personality right in order to make it develop preferably. Last but not least, improve the commercialization of personality right infringement relief, determination and imputation principle of tort for further analysis, and improve the relief ways of torts.