The Protection Of Laws Of The Death's Personal Identity In Commercial Use

In an era of the market economy and the media technology high speed development, the personality identity of commercial exploitation phenomenon more and more prominent, the personality identity has economic value also gradually appear, the traditional personality right face huge challenges.On the commercial use of personality identity theory research in China is slightly less than, the studies of the personality identification commercial exploitation benefit protection are lacking, legislative and judicial also appears.This paper analyses the legislative and judicial status quo of our country, and through the comparison research were analyzed, and put forward the property interests on the identification of the dead personality to strengthen the protection measures.This paper is divided into the following three parts:The first part through the relevant case leads to this thesis, and the related theory in this paper. The concept of personal identity related rights and personality, personality interests are discussed, and the identity of the dead personality commercial use of legal definition.The second part of thesis analyzes the legal status and practice, to find the problems existing in the current in our country, and its further elaboration and comb. Analyze the related law, the deficiencies and defects in legislative protection, part lists the dead personality identity of recent business use cases, analyzes the appearance of the people's court in these cases attitude and caused due to lack of theory and legislation of judicial predicament.The third part points out the path to solve the legal protection under the existing system of rules identified the deceased personality commercial use, and analysis of the study of two foreign commercial exploitation of personality mark protection in Germany and the United States the typical pattern, and for the reality of our country derive benefit reference.Meanwhile, the main body of its specific rules, deadlines were discussed in detail and makerecommendations on the identification of the deceased personality commercial use remedies and legal protection should be perfect.