Personal Right In Constitutional Law And Its Connection With Civil Law

Human dignity is the ethical foundation of human beings' existence in the world and the most fundamental value foundation of the constitution.The most primitive meaning of the state and the law is to respect and protect the dignity of every human being,which is reflected in the constitution,which is the constitutional system of personality rights.In Germany,Taiwan and other countries or regional,constitutional personality system has been a long time,and matured,but in our constitution it is an emerging concept of personality,often in the study of civil law and confused with the personality.As the right of personality,the right of personality involved in the fundamental law and the rights stipulated in the civil law are interrelated but independent of the system,the protection of the right of personality can not take this,but should use the constitutional personality as the basic rights of the basic value of the order constructed by the basic rights of the third party through the effectiveness of the fundamental law of the spirit of personality in the spirit of the value of infiltration into the private law of personality rights clause,in the civil law to develop personality rules to accept from the Constitution Related terms or provisions of the guidelines,in order to indirectly play the effectiveness of the constitutional personality.The realization of this constitutional personality right also provides a way for us to consider the application of our constitution.Of course,for the constitutional personality rights should be how to achieve the interaction with the civil law,civil law in the personality of the right personality in order to better express the principle of personality and value orientation,in the specific practice should be how,this is still need to think further about the problem.This paper hopes to find out the effective way to communicate with the civil law and the civil law in the process of compiling the personality of the constitution and the lack of personality in the process of compiling the civil code.The first part of this article is the constitutional basis of the constitutional right of personality on the personality right “comes from” this issue.This part starts with the development of personality right,and points out that the nature of the constitution is a kind of basic right of citizens,and has the same source and value foundation as the basic rights of citizens.Then through the relationship between human rights,personality and human dignity,it is concluded that the constitution is the constitutionalbasis of personality right.The second part mainly answers the question of "what is the right of personality" in the constitution.In this part,the constitutional personality right of the form of expression,the constitutional personality of the Constitution on the basis of the norms,the scope of the protection of the personality of the Constitution to conduct a specific discussion,so that the constitutional right to personality rights framework is plentiful.At the same time,in order to have a clearer understanding of the constitutional right to personality,the constitutional personality and civil law on the concept of personality rights were compared,both of which although the personality rights in the Constitution and civil law in one of the two sides,but these two the concept of the corresponding is not the same system,but an independent right to protect the system.The third part explores the idea of the possibility of mutual communication between the constitution and the personality right in the civil law.In this part,the author puts forward the "dual nature" theory of the basic right through the reference of the German law,and confirms the objective function of the basic rights of the basic rights,through the "third party effect" of the basic rights makes the constitutional basic rights norms can go deep into the constitution and in the judicial practice of indirect application,which is the constitutional personality and civil law communication feasible path.The fourth part from the specific system of constitutional personality and civil law of the communication made a request.The interaction between constitutional personality and civil law can not rely solely on the constitution or by civil law alone,but should be the result of both.Therefore,in this part of the constitution of the protection of personality system,as well as the civil law on the realization of personality and personality rights legislation made specific recommendations and opinions.