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Research On The Legal Issues Of The Commercialization Of Personality Right

Posted on:2018-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2336330536465219Subject:Law, civil and commercial law
Abstract/Summary:PDF Full Text Request
With the rapid development of commodity economy,the commercial value and economic interest of personal right have been highlighted gradually,which makes it have property interest other than spiritual interest.In the traditional civil law,the purely spiritual concept of personality right has been impacted.In the real society,the phenomenon of infringement of the personal right that has been commercialized has gradually increased,and the question of how to regulate the commercialization of personal interests has become the key.At present,the relevant legal system of the commercialization of personality rights has been established in the legislative activities and legal practice of many countries,but it is not standard in the legislative system of our country.Therefore,our country should select and draw lessons from the practical experience that conforms to our national conditions on the basis of comparative study of extraterritorial legal practice and mode,By clarifying the right attributes of the personal rights utilized by the business,The positive use of the right to recognize and increase personal rights,We should standardize the corresponding licensing mechanism and draw on foreign protection mode of one dollar to solve the commercial use of personal rights.The thesis is divided into five parts:The first part of this article is the introduction.Through the analysis of the research background of the commercialization of personality rights and the significance and methods of studying the personal rights of commercialization,this paper expounds the key points,difficulties and innovation points of the research process.The second part of this article is mainly the basic theory research.Through introduces the connotation,nature and legal relationship of personal right commercial use,we can understand the basic theory of the commercialization of personal rights.The third part of this article analyzes the current status of the protection of the commercial use of personal rights in China,and then summarize the defects in the protection process.The fourth part of this article mainly analyzes the current situation of the protection of the right of personality in foreign countries and the characteristics of their legislation,then we compare and summarize the legislative models of each country,from this,we have explored the enlightenment that suits the situation of our country and is conducive to the arrangement of the regulation mode of the commercialization of personal rights in China.The fifth part of this paper through the literature research method,inductive analysis method and comparative method,to summarize and draw in front of several parts,In order to further solve the commercial use of personal rights in China,some rationalization suggestions are put forward.
Keywords/Search Tags:The commercial use of personal factors, legislative model, Status and problems, suggestions
PDF Full Text Request
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