The Judicial Overlapping Protection Mode Of Private Right

In the field of civil law, due to different purposes of the specific legal legislative and different interests of protection, according to its nature, different power can coexist on the same carrier neither confliction or exclusion, especially intellectual property rights law, rights overlapping phenomenon is common. With the rapid development of science and technology, intellectual property is more complicated, on the one hand, people pay more attention to use and protect the intellectual property rights, on the other hand, it’s more important to protect intellectual property rights and other civil rights from people’s court trial through judicial function. This paper analysis the copyrights and privacy right about Cui Mou sued the periodical office and the media company, the author puts forward the concept of intellectual property with rights overlapping, the obligee of the relevant carrier enjoy the coexistence from two or more than intellectual property rights or other civil rights law according to the different laws, at the same time, it analysis the not unique characteristics of intellectual property with rights overlapping through the concept, that is the same carrier own many rights and not conflict each other.By analyzing the phenomenon of rights overlapping, this paper explained the benefit of right, the independence of different rights, and the irreplaceable of the rights overlapping protection. Defined the judicial rights overlapping protection mode. Investigate the validity, feasibility and significance of judicial protection of overlapped rights.Private rights are independent with each other. when different right are recognized by the specific law, it should be overlaped protected by law. Rights overlapping is different from the concurrence of rights. overlaped protections also not equal to repeat protections, and are not conflict. At the same time, the judicial overlapping protection also has the feasibility in the practice.When the obligee face superposition of civil rights, especially in the field of intellectual property rights, the obligee request the people’s court to protect for infringement, it faces to choose one right or many rights to start the judicial process; the people’s court also struggle with each trial or concentrated trial. The oblige and the people’s court should choose the judicial proceedings under the principle of saving judicial resources, reducing the lawsuit cost, protecting relief rights comprehensively, and avoiding duplication of protection, the people’s court should concentrated trial first, then supplemented trial, it will cognizance tort fact accurately, determine responsibility comprehensively, coordination of procedural law and substantive law, prevent the inconsistent.In this paper, the author puts forward some concrete and feasible suggestions on the practice of judicial overlapping protection of private rights. When the people’s court consider the compensation, the judge should give full consideration to the obliges’ the usage of related rights, promotion and rights protection, the infringer’s fault, his position in the chain of infringement, as well as the proper rights fees, and local economic development level and other objective factors. Under the superposition of rights, it follows the principle "rights not conflict, compensation not conflict”, the infringement compensation from different rights shall be considered respectively, the compensation amount should be adjusted through combination, and then comprehensive compensation is determined. When the judge identifies the amount of compensation for mental injury, it will follow the principle that economic compensation, mental damages and several mental damages shall not be conflict.We should have a clear and firm position, and should make full and comprehensive judicial protection, construct the judicial overlapping protection system to safeguard social fairness and justice.