Research On The Legal Protection Of The Personality Right Of The Phenotype

Currently,society and the economy are developing rapidly,the role of mass media is constantly emerging.Commercialization of personality right has become an inevitable trend,the personality right of the phenotype is commercially used,and making the economic interests of the phenomenon is obvious,especially such as the right of name and portrait.But because of the fierce competition in the market economy,violation of the personality right of the phenotype is often happened,the traditional personality right system don't think it is the nature of the commercialization of personality right,it has been difficult to meet the needs of social development.Therefore,our country should gradually improve the legal protection and relief of the personality right of the phenotype.This article will start with the basic theory of the personality right of the phenotype,introducing the current situation and problems of legislation about the personality right of the phenotype.To compare foreign legislation,and to draw lessons from the beneficial experience from the inside,so that I have some suggestions to protect the personality right of the phenotype.First of all,from the perspective of positive exercise right,acknowledging the personality right of the phenotype,and defining its concept clearly,and expanding the scope of subject and object of the personality right of the phenotype,and admitting the personality right of the phenotype negotiability and inheritance,and can effectively regulate the commercial use of the personality right of the phenotype.At the same time,from the perspective of infringement of rights and interests,determining the standard and remedy of infringement of the personality right of the phenotype,and to specify the limits of protection about the personality right of the phenotype,etc.In the hope of regulation of the legal system in China is more comprehensive and specific.When there is a dispute in the commercial activities of the personality right of the phenotype in the future,it can be effectively resolved,and protecting the legitimate rights and interests of the subject of rights,and to protect the personality right of the phenotype from illegal use.At the same time,it is beneficial to judge the case,and effectively solve the new problems are caused by the personality right of the phenotype,hence making our society stable,healthy and orderly development.