The Concept Of Personality Right And The Status In Civil Law

In the history with the development of personality right, the most important point is the foucus on the change from the status hierarchy to equal protection of personality.This change is closely linked to the concept of “person”in civil law.From "human but not person" in Roman law, to “not human but person” in modern civil law. This change presents not only the development of human rights, but also the trend in developmen of personality rights system.Personality right is a developing conception,its subject and contents are always expanding. After all, personality right is still based on the value of person's freedom and dignity.This paper focus on two questions: whether personality right can get independent status in civil law, and whether personality right can become an independent part of Civil Code.Using the logical process of “person, personality,and personality rights”,through the the in-depth analysis of the concept of personality rights, to clarify personality right's subject,object, and the relationship with Constitutional right. Through comprehensive theoretical research and the demonstration from both positive and negative points, leads to the conclusion that personality right can be an independent civil right.In the question of whether personality right should become an independent part of Civil Code, because the Chapter before has already analysed the theoretical basis of personality right in legal, for this question, we mainly focus on the area of legislative technology. Nowadays, China's legal protection of personality right mainly rely on the Tort Law, and the types of personality right in Tort Law are also comparatively comprehensive. As the result, The conflict between Personality right Law and Tort Law is very prominent. In addition, Professor Liang Huixing also suggested that the content of personality right is very thin, if it becomes an independent part, its content is not balance with other parts of Civil Code.The two questions is very realistic. To solve these questions, the paper first analyses personality right's essence: to determine the existence of rights. And leads to the conclusion that the relationship between Personality right Law and Tort Law is relatively complemented, not conflicting. Second, by drawing the legislative model of personality right in The proposed rule of Civil Code made by Renmin University of China, and the structure of property law, make the conclusion that Personality right Law can be formed by three parts: General provision, General conditions, and the specific personality rights.And the part of General provision should have a much bigger percentage.