The Theroy Of The Conflict Of The Right Of Personality And The Right Of Authorship

The right of personality and right of authorship have been discussedin the civil law educational world.The conflicts of rights resulting on it turn out to be a hot problem in the judicial circle.The relationship of intimacy,ethical,moral make the conflicts of rights more complex with more restriction.Be regarded as a subject,it's difficult to protect each rights.The right of privacy was only made specific provision in the constitution.However,there was no clear ideas in marriage law concerning sexual autonomy,cohabitation rights,reproductive rights.The article mainly concern four parts to discuss the conflicts of rights during the marriage relationship.In the first part,introduce the theoretical basis todefime and differentiate the right of personality and right of authorship in marriage through the definition and classification of rights conflict.Besides,point out that the relations and differences to know more about it.In my opinion,sexual autonomy,privacy,and female reproductive rights belong to the category of personality right and spouses's right to know,right of cohabitation,male reproductive rights belong to the category of right of authorship.The second part,exploring the nature of the right,the essence of conflict right is the conflict of interest.We also find out the reasons of conflict from the historical development and the system itself.In the third part,summarize the principles of the treatment of conflicts right.In the legislation,obey the high-level principles.Personality interests as the object of rights is superior to identity interests as the object of rights.Judicially,ensure the rights realization with the large scope of implementations.Atthe sametime,we should Strictly follow the principle of proportion comparing the violation of a party with the importance of the other party.In the forth part,three kinds of contradictions that the most usually emerged between marital relationships are concretely analyzed.The first kind of contradictions,privacy and spouses right to know.It is needed to analyze the definitions and natures of them.And the difference of the right of privacy and know between spouses with general civil law meaning is also raised.Two situations are concretely analyzed,privacy right prior to spouses right to know and souses right to know prior to privacy right.The second kind,right of sex freedom and spouses living together right.The implications of right of sex freedom and spouses living together right are discussed.The hot issues during jurisprudential circle,the case of cohabitation rights abusing,is also analyzed.And one solution is summarized to protect both of the right of sex freedom and spouses living together right referring some of the foreign legislation.The third kind is confliction about the reproductive rights in marital relations.After pointing out the meaning and nature ofreproductive rights,one discussion is took up about the homogeneous conflict for reproductive rights.Then present an idea that reproductive rights are not rights for husband or wife enjoyed alone,but share enjoying by the spouses as one right appearance.And get the most suitable solution of reproductive rights configuration by enumerating different kinds of confliction.