The Protection Of One's Property Interests Of The Portrait Rights On The Civil Law

In recent years,with the development of commodity economy,especially in the promotion of media industry,more and more businesses are high on using the portrait of celebrities.It will cause certain economic losses to the owner of portrait while some business use their portraits without proof.The widespread use of portrait makes the economic value of portraiture right become increasingly prominent.The portrait right has not only certain spiritual interests but also property interests and it has gradually aroused widely attention of scholars.But the system construction of the protection of the portrait property right in our country starts late,and has not formed the unified standard system.For this purpose,this paper discusses the current situation of the protection of portrait interests in our country.We analyze the protection of the property interests of the portrait right for the angle of Personal Right Law and Tort Liability Law.This article mainly uses the literature analysis method to carry on the study of the related work and literature,and through the comparative analysis,we studied the protection system of foreign countries.Based on the above,this paper puts forward the method to solve the problem,in order to improve the protection system of the rights and interests of the property of the civil law in our country.In addition to the introduction and conclusion,this paper consists of four parts:The first part mainly expounds the basic protection theory of the civil law of property interests of portrait right.First of all,the definition of portrait right and its interests are introduced,and based on this,the nature of it is analyzed and its concept is obtained.Secondly,the theoretical basis of the protection of property interests of portrait right is analyzed.Finally,through the analysis of the correspondence of protection of portrait right and civil law,it is concluded that the civil law should protect the interests of portrait rights.The second part is analysis the foreign legal about the protection of property interests of portrait right.Through the analysis of German and American law system,it is concluded that our country cannot completelycopy the relative legal of other countries,but should be based on the analysis of current situation of China and learn from foreign experience,in order to improve the relevant regulations of our country.The third part is the analysis of the current situation and existing problems of the protection of portrait rights in our country.First of all,it analyzes the dispute of the interest's protection of portrait rights in theory.Secondly,it analyzes the dilemma of the interest's protection of portrait rights in our country and mainly study deficiency of the legal and the problems in the trial practice.The fourth part puts forward the suggestion on the protection of property interests of portrait right.First of all,through completed of personality right system to describe the principle and the main object of the property interests of portrait rights and on this basis,and then,the use,transfer and inheritance of the license for the interests of the portrait right is improved.Secondly,through perfecting the system of tort liability and unjust enrichment to provide a relief when the property interests of portrait interests are violated.