Restriction On Commercial Use Of Personality Of Minor Stars

In recent years,commercialization of personality rights of juvenile celebrity shows the trend of growth,but due to the limited capacity of juvenile star civil behavior,coupled with the special nature of juvenile star body and mind,mental,social experience,The lack of understanding of the adverse effects,the right of commercial use of personality right there is widespread infringement of the situation.And the absence of relevant policies and regulations and academic differences of opinion exacerbated the situation.Whether it is based on the request of the right of personality right,the requirement of the protection of underage star or from the point of view of public order and good morals,there is a practical need to limit the commercial use of teenage celebrity personality rights.Based on the analysis of the characteristics of the underage star and its special physical and mental characteristics,this paper puts forward the analysis of the use of the juvenile star personality right,The basic principles of the commercialization of the use of restrictions are divided into two categories,one is the principle of juvenile protection as the center of the maximization of the interests of minors;one is the principle of personality right restriction centered on public order and good law.Based on the above principles,this article elaborates the specific restriction contents and the operation mode according to the commercialization of the different personality rights according to the type of the personality of the minor star,and finally from the minor protection law and the minor star protection The paper puts forward the suggestions to perfect the commercialization of the unfair personality right.This article is divided into three chapters.The first chapter is the proposition of the problem and the clarification of the concept.Firstly,it puts forward the research problem of this paper,gives an overview of the current research situation at home and abroad,and analyzes and contrasts the similar concepts and constructs the basic theory three concepts-minor stars,personality rights of commercial use and restrictions were defined and demonstrated.The second chapter clarifies the content of the problem,and carries on the typification of the subject,the object,the content and the use way of the commercialization of the minor star personality right,and provides the basic frame support for the following discussion.In the third chapter,the question of regression,the question of whether or not the commercialization of the juvenile star personality is restricted,why should we restrict these rights and demonstrate the legitimacy through the particularity of the subject;demonstrate the urgency and necessity with unrestricted dangers.And then,is the answer to the following questions: which subjects should be limited? To restrict the commercial use of those rights,what are the principles and standards? What are the current laws we should use? What is the purpose of the restriction? Through the analysis of these questions and the analysis of the comparative law,this paper makes a detailed study on the restriction of each individual personality in the process of commercialization,and proposed from the legislative use of special legislation or special provisions of the provisions of a clear right border,set the right of regret,and set the differential restrictions;from the judicial,we should make decisions based on different case,from the system,it is recommended to establish a special minor star industry associations and supervisory institutions,adhere to the legislative,judicial,trade associations,minors protection organizations,families,schools and multi-linkage to build a complete restriction system of juvenile star personality rights commercialization Use.