On The Civil Law Protection Of Chinese Personality Factors' Commercial Exploitation Rights

The personality factors'commercial exploitation rights refer to that the oblige can use the exclusive personality factors into the commercial purpose, conduct the commercial exploitation and achieve the corresponding property interest, while at the same time prohibit others without permissions to conduct commercial exploitation rights on the above personality factors. The personality factors' commercial exploitation rights are the personality right's new embodiment of development in the market-oriented economy, having a remarkable difference with the traditional personality right, with its major manifestation on the property. The personality factors' commercial exploitation rights should be included in the range of the personality right, which is the result of personality right object and the expansion of right and ability. But at the same time, it is also the reflection of the personality factors' commercial value, reflecting the property benefit of personality factors' commercial exploitation. In the process of personality factors' commercial exploitation, it's inevitable that the protection of spiritual interest is involved.The content of personality factors' commercial exploitation right includes the personality factors' commercial exploitation right subject, object and the commercial exploitation way the subject plays on the object. The subject of the personality factors' commercial exploitation right refers to the oblige that has the right to conduct commercial exploitation on personality factors, which include natural person, legal person and other organizations. The object of the personality factors' commercial exploitation rights is the personality factors' object that can be commercially exploited in detail. According to the different features of personality factors that can be commercially exploited, their exploitation ways are also various. The subject of the personality factors' commercial exploitation rights enjoy the monopolizing and exclusiveness right of personality factors' commercial exploitation rights.The general rule of the civil law, the Tort Liability Law, intellectual property law and anti-unfair competition law can all provide a certain kind of protection to personality factors' commercial exploitation rights, but this kind of protection is still incomplete, featured with disadvantages. In judicial practice, the protection of personality factors' commercial exploitation rights present varieties, which not only have the economic and interest judging of recognizing and protecting personality factors'commercial exploitation, but also have the judging of spiritual damage compensation replacing the economic interest damage compensation. The above differences are all due to that China still fails to put forward with a systemized protection law regarding personality factors' commercial exploitation rights fundamentally.The protection mode of personality right law's unified system is the personality factors' commercial exploitation right' protection mode that best suits our national conditions. In the future, China should continually improve the right system of personality rights on the foundation of personality right law's unified system mode, enrich the detailed personality rights, strengthen the explanation of the general personality rights, which not only protects the personality factors'commercial exploitation rights, but also combines with the public order and good custom and other standards to conduct the restriction. While protecting the personality factors' commercial exploitation rights, the preventive requiring right, damage compensation requiring right, unjust enrichment inquiring right and restitution right based on unreal managing for making profit, and other relief ways should be applied comprehensively, accompanying with the protection of oblige's spiritual and property interest.