| Natural personality identification is the process of natural person carrying out social interaction in order to personalize and identify the nature of the characteristics to standard form their own identity, so that others will be enough to take one person with another person to distinguish symbols. Traditional civil law theory holds that the basic civil rights of a natural person is entitled to the right personality, it occupies an extremely important area of a civil law, in particular the status of a natural person's name, portrait and other personal identifier included in the field of personality rights, with respect to the property rights, the rights of natural persons belonging to the spiritual. In the operation of a modern market economy, media technology and business in the form of constantly updated, more and more businessmen are willing to use the natural person's name, voice and likeness and other personal identification in commercial activities, especially those popular star more popular, because by virtue of its huge appeal and influence, can promote the sale of goods or services, whereby the interests of property identified prominent natural personality. But the existing domestic laws and regulations, it can be protected only a few personality identification such as name, portrait, etc., while others, such as special moves, the overall image of the personality and identity of a similar nature are not included in the legal protection within the context of this situation makes illegal use of personal identification of others events occur frequently, and when the right people when their rights are violated are not given appropriate protection and remedies, causing a lot of disputes.How effective protection of natural personal identity, the relationship has become imperative to coordinate the interests of all sectors of society, but specific protection mode and the provisions are still not formed a conclusion. In this regard, the community gives a lot of attention and in-depth discussion, academic research has made some achievements, but based on the novelty and complexity of the problem, and finally are not completely explained clearly identify the basic natural personality theory. Direct consequence of the weak theoretical brought not provide useful guidance for the proper judicial practice.Therefore, identification of natural persons personality depth study has important practical and theoretical value. Based on existing research, the integrated use of comparative analysis, theory and practice of combining methods of foreign typical protected mode, the mainstream view of judicial practice and academia in the main approach to be analyzed, aimed to explore the natural personality logo the nature of content, find suitable for China's legal regulation mode. This paper is removed after the introduction and conclusion, is divided into five parts as:The first part is an overview of natural personal identity. First, through the analysis of personality, the concept of moral rights of natural persons and thus define the concept of personal identity. Secondly, the basic content of the identified natural personality to start discussion, including natural manifestation of personality characteristics and identity. Through this part of the discussion, you can grasp the meaning of natural persons identified from the whole personality and essence, providing a theoretical basis for below.The second part is the legitimacy of the protection of natural personality analysis identified. Among them, the social basis of protecting the natural character that identifies the needs of the market economy, the demand for real life and the rapid development of mass media, etc.; theoretical basis for the protection of natural character identified that the labor theory of property rights, personal autonomy theory, the theory of economic efficiency and fairness competition right theory.The third part is a typical foreign legal protection mode. Practice focuses on the relevant United States and Germany, two typical countries, the United States as a representative of the common law, the use of a double right to privacy and publicity rights protected mode, the German as a representative of civil law, the right to use a uniform the protected mode. And legal protection of these two modes were compared in order to provide some useful reference for the legal protection of our natural personality identity.The fourth part is to protect the status quo of the natural personality identity. Mainly from the different academic theories, the relevant provisions of existing law and judicial practice perspectives to analyze the conservation status of the natural personality of identity, and pointed in the protection of our natural personality to identify the problems, such as the scope of protection is not wide, to identify the main personality rights under inadequate, lacking the protection of the personality of the deceased identified, is not conducive to the rights and other relief.The fifth part is to improve the identification of natural persons personality Civil Protection. Through in-depth research, insisting that it should within the personality rights of individuals to protect personal identity and made a perfect natural personality identifies specific recommendations for protected content, including expanding the scope of personal identity, the rights of personality to identify the body, strengthen the deceased protection of personal identification, etc. In addition, the law must be clear infringement remedies natural personality identity. |
PDF Full Text Request