An Analysis Of Chen Gang V. Singapore Airlines Due To Disputes Over Personality Right

With the development of society,people more and more place importance on protecting personality right.As the frequent cultural-communications with foreign countries,issues of infringement cases about foreign-related personality right is growing and the legal conflicts become increasingly prominent.Because of the late start of Private International Law in our country,judges have insufficient consciousness of Private International law.So there is no sufficient legal basis and compelling reasoning to obtain jurisdiction and choose law in judicial practice,especially in infringement cases about foreign-related personality right.This article,through typical case of transnational infringement of personality right——Chen Gang v.Singapore Airlines,will analyze the infringement jurisdiction of foreign-related and law application to provide some ideas for later similar cases in China.This paper is divided into four parts:The first part makes a brief introduction on basic facts,judicial decision,and focus of controversy case.The main disputes in the case are the ascertainment of jurisdiction and the application of the law.The second part is the one focus of controversy case law analysis.It divides into two parts.One is introduction about general principle of infringement jurisdiction of foreign-related.It includes strict domestic jurisdiction,desirable jurisdiction and priority jurisdiction of infringement effect places.Another is our country contracts of infringement cases about foreign-related personality right and analysis jurisdiction in this case.The third part is another focus of controversy case law analysis.It divides into two parts.One is general principle of infringement cases applicable rules about foreign-related personality right.It includes determine methods of traditional tort law applicable and determine methods of improved tort law applicable.Traditional methods of tort law applicable include the law of locus delicti,the law of the forum and mixed applicable law.Contemporary methods of tort law applicable include the proper law of infringement and the law in favor of the infringed.Another part is the analysis of applicable law in this case.It includes excluding the Warsaw Convention and applies Chinese law.