The Protect Of Economic Interest Of Personal Right In Civil Law

The legal protection of property interest of natural person’s personality right in civil law has been of highly concern,because it relates to the protection of personality freedom and dignity, which is of great significance;With the rapid development of new media in recent years, the depth and breadth of use of property interest of natural person’s personality right is expanding,more and more showing its great value; At the same time, in recent years property interest of natural person’s personality right of infringement cases occurred frequently and the legal protection should be paid more and more attention. With the the deepening academic study of the personality right, legislative work of China’s "personality right law" in the future will also be on the agenda. Therefore it is necessary to explore the protection method of property interest of natural person’s personality right and reach a consensus in the academic circles and the judicial trial, to guide the judicial practice and legislation in the future work.This thesis is mainly composed of three sections: the introduction, the main section and the epilogue. The introduction is basic research, including the basic problems of protection of property interests of the right of personality, with summarizing the related literature review The main section of the thesis includes four chapters. The first chapter is the analytical part, analyzing the relevant cases in the judicial practice of our country and summarizing the problems to be solved in the judicial practice. The second chapter introduces different modes of the legal protection of property interests in the right of personality from the angle of the comparative law and the different viewpoints of scholars in China;The third chapter puts forward what path has more reference to the judicial practice of our country on this issue. The fourth chapter enumerates and analyzes the advantages of the different bases of claim in our current law on this issue, and also analyzes the situation of concurrence of rights of claim.The introduction part firstly defines and clarifies the concept of property interests of the right of personality and distinguishes the other benefits of this concept the right of personality. At the same time, this part clears the core problem——It is wise to determine the scope of property interests of the right of personality which should be protected through the methods of type of research and reflection on the current judicial precedents and to explain the basis for claim protection of property interests of the right of personality on the existing legal system, in order to apply the laws. Through the review and collation of the literature, different theories of property interests of the right of personality were summarized:In object of protection, there are two points of views: non property interests of the right of personality exist or property interests of the right of personality exist; in protect mode, there are three points of views. At the same time, the main research methods and thesis structure of this paper is also introduced and discussed.The first chapter studied judicial conflicts of legal protection of property interest of natural person’s personality right in our law by collecting a lot of cases. At present we can find cases can be divided into three categories in our judicial practice of property interest of natural person’s personality right: the protection of right of portrait; the protection of right of name, the protection of other right. What is more, property interests of right of personality in the court trial in our country has gradually been recognized, but currently in the judicial practice this recognition often only under specific right of personality(mainly for the right of portrait and the right of name) and the type of foundation of right of claim in judicial practice is generally the claim of infringement, unified in the personality right to be protected. However, different courts often have different opinions about the scope of protection and the protection modes at present.Chapter two, the methods which are set in comparison and academic field. This part discuss the protection methods of property interests of the right of personality. They can be divided into two ways- by using the mode of privacy and publicity rights in the American law system or general personal right mode in German legal practice. In Civil Law System,Means of protection in Taiwan of China and Germany are similar, however, the Japanese law mainly absorbed the mode of privacy and publicity rights protection path. In the Anglo American law system, the British, Australian law protection mode adopted unique unfair competition mode. In our country there are also similar views come into being.The third chapter, the reflection of the comparison and the reference of the theory. Based on the legal theory and the legal practice which is in our country. It is more suitable to use general personal right mode in German legal practice to protect the property interest of natural person’s personality right in our country.The fourth chapter discusses the legal protection method for this problem. Setting up the protection system of property interest of natural person’s personality right in our current legal system, it should be based on the existing law, combined with the judicial practice of our country. Under the existing legal system there are three Basis of Claim Rights :tort damage compensation claim, claim of unjust enrichment, claim for returning unjustified enrichment. Each Basis of Claim Right has its unique advantage. If there is a concurrence of different basis of claim rights, the victim should choose the basis of claim right according to the actual situation.In conclusion, the essay first discuss the scope and the method of the legal protection of property interest of natural person’s personality right and the legal practice in different countries and the type of research of cases in our country. The essay then put forward a variety of Basis of Claim Right. And it is believed that the method would be suitable way to solve the problem in our country. Thus, the legal practice would get better improvement.