| With the development of market economy in our country, the network media is increasingly penetration, phenomenon of commercialization of personality right has frequently appeared in the economic life. And our country current law on the protection of the personality right commercialization phenomenon appeared defects, not only make many subject’s legitimate rights and interests are damaged, also destroyed the market competition order, and even customers by cheating. Must, therefore, to build a reasonable legislative perfect system to protect the phenomenon of commercialization of personality right.This article embarks from the word \ "personality\", and gradually into the phenomenon of commercialization of personality right, analyzes the source and foundation of commercialization of personality right, property and legal form, full of commercialization of personality right. Mainly includes four aspects: the content of the first aspect, by studying the traditional theory of personality right and its historical development trend leads to personality right commodity development trend, then a detailed introduction to the basic theory of commercialization of personality right. The second aspect, the commercialization of personality right opportunity basis, theoretical foundation and legal basis for the analysis of rationality; The third aspect, introduced the United States, Germany, the two countries legislative regulation of commercialization of personality right phenomenon of two kinds of different system; The fourth aspect: based on the current legislative situation in our country, combining to the United States and Germany commercialization of personality right law for reference, to our country legal protection of commercialization of personality identity of a series of Suggestions were put forward. The author thinks that legal protection of personality right commercialization phenomenon cannot rely on personality right law laws and regulations, and should not be separated from open to external protection of personality right law system, should from the legislation for the right main body personality identity commercialization is defined as a kind of new rights, commercialization of personality identity, from the legislation to comprehensive protection of commercialization of personality identity right, to safeguard rights subject to the timely relief measures comprehensively and effectively safeguard their own rights. |