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Research On The Right Of Personality In The Civil Code Of Legislative System

Posted on:2017-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2296330509451979Subject:Law, civil and commercial law
Abstract/Summary:PDF Full Text Request
The party’s eighteen Fourth Plenary Session proposed to codify the Civil Code,Civil Code codification work has been put on the agenda again, as one of the important moral rights in civil law, civil code in the future development of China will be how to arrange moral rights in Civil Code location is an important issue legislative style of Chinese Civil Code. With economic development to promote the continuous improvement of the rights of citizenship, the right personality in the social life has been significantly improved. Civil rights as the core of private security,the need to confirm the independence of the civil legal system the right of personality, with their property rights, and other civil rights claims juxtaposed in favor of the Civil Code reflects the importance of China to protect human rights,promote the formation of a more perfect personality rights protection system, so that the protection of personal rights to adapt the pace of development to ensure that the right personality can be fully protected.The article is divided into five parts.The first part is the introduction, introduced in the Civil Code independent personality right into the background and development of the series, stated the right personality in the Civil Code and the status of independent research into the meaning and purpose of domestic and foreign research series, research methods, and heavy and difficult innovation points.The second part of this paper introduces the theory of personality rights and moral rights. It introduces the concept of moral rights and the right personality,character, and with the development and current trends in the world of human rights protection of personality rights theory, the theoretical analysis of the value and role of personality rights.The third part introduces and analyzes the civil code system developed on personality rights protection. Selected in the typical civil law countries for research,analysis and comparison, a revelation from which to explore suitable for China’s national conditions and are conducive to the Civil Code of style personality tenure arrangements.The fourth paper analyzes the necessity and significance of personality rights in the Civil Code a separate series, and a separate right of personality disorders were analyzed series exists, the right personality to demonstrate a separate provision in theCivil Code to provide evidence.Fifth section presents observations and recommendations in the Civil Code independent personality right into the series, more from the development of personality rights theory to China Civil Code style design, trends from the world of human rights protection to civil law legislation style of innovation angle offer insights for moral rights in a separate provision in the Civil Code to create conditions to promote the development of the country and meet with Chinese characteristics,China’s actual civil code.
Keywords/Search Tags:Personality Right, Compile independently, Legal rights, Civil Code
PDF Full Text Request
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