A Study On The Legal Problems Of Commercialization Of Personality

The theoretical community on the personality rights of the property interests of the understanding is not consistent,the focus of debate is whether such property interests beyond the scope of personality rights,I believe that such property interests are not enough to be independent of a right,Concept to be covered.In the practice of justice,the understanding and protection of such interests is obviously inadequate,and many problems arise,for example,the court usually relies on the expansion of the concept of the right to the right to the protection of the right to personality,but its coverage is more and more wide The category of personality rights is easy to confuse,and more and more difficult to sustain,therefore,it is necessary to put forward the concept of image rights to replace the image of the excessive expansion of the part of the concept of portrait rights to get pure.This paper first introduces the concept and nature of the commercialization of personality right,clarifies the concept of commercialization of personality right,discusses the nature of commercialization of personality right.Combing the influence of commercialization of personality right on the theory of traditional personality right,and paves the way for the later research.In fact,it is also the reason analysis of the problem of commercialization of personality right.And then focus on the personality of the practice of commercialization of the problems faced by the right personality of the three ways to commercialization perspective.Played a bearing on the role.The last two chapters propose solutions to the problem and propose legislative proposals.Principle,to follow the personality autonomy,public order and good customs,freedom of expression of the three principles.Improve the legal rules,to build an open system of personality rights structure;to draw the right to commercialization of the border;the right to improperly claim the right to the right of the right to the means of relief;clear personality rights of commercial protection period.