Legal Analysis Of The Development And Construction Of The Legal Person Personality Right

The development of the system of the right of personality in the field of modern law shows the irreversible trend of "the reasonableness of the consequences".Not only the specific personality right can be used to the legal person,but also the ordinary personality right also throws the olive branch to the legal person.Therefore,the research of the development and construction of the legal person personality right will directly affect the understanding of the theory of personality right,and also have a constructive effect on the formulation of China's Civil Code.Therefore,the author will try to explore the relevant problems.This article will be divided into the following sections to discuss:First of all,it is the introduction to introduce the modern meaning of the personality and the personality right,and approve the results our country has achieved in the legislation of personality rights.However,there still has some shortcomings,the construction of legal person personality right is very weak,so this article will use the historical analysis,comparative analysis and other methods to analysesthe development and construction of the legal person personality right.The first chapter analyses the necessity of establishing legal person personality right from the angle of theory and practice.From the theoretical,thepersonality in the personality right is different from the personality,so investigating the main body of personality should not be rigidly adhere to its original concept.From the practice,the development of legal person is expanding,they play an increasingly important position in society,and the legal personality of some of the legal person personality rights be legislated has become a consensus.The second chapter discusses the protection of the legal person personality right from the civil law dimension.The right of personality as the civil right is the basic facts,the legal person personality right has been protected by the civil law is a fact,and many countries have legislated several legal person personality rights.The third chapter discusses the legalization of the legal person personality right can learn from the two approaches-the German general personality right approach and the US privacy right approach.But the two forms both have its specific realistic background,therefore,our country can not be blind in reference,should base China's actual national conditions to establish a personality system suitable for our country.The fourth chapter discusses a feasible mode of constitutional protection in the process of constructing legal person personality right.The legal person can become the subject of constitutional protection has two reasons:private law and public law dichotomy and legal person can be the main body of human rights.And put forward the feasibility of constructing the legal protection mode of corporate personality right in our country-stipulating the general personality right system in the constitution and discussing the positive significance of this mode to the construction of the rule of law in our country.The last part is a brief summary of the contents of this article,and expresses the good vision of China's rule of law.