Research On Civil Law Protection Of Portrait Right Of Public Figures In China

Public figures are a group of people exposed to public view,they have attracted much attention in every word and action of the public,especially with the development of network,expanding freedom of speech on the Internet,often affects people public figures on the personal views.Network media has become the main force of propaganda,the possibility that people get more information from others,resulting in the occurrence of a number of violations of the rights of others,one of which is the violation of the right to portrait.In order to correctly guide public opinion and maintain the dignity of personality,the author believes that it is necessary to further regulate the right of portrait of the right of personality,especially the public figure.Therefore,the challenge portrait protection of public figures to face a more severe,while the portrait of public figures at this stage no specific and complete legal provisions,and the rights as the last bulwark of the absence of law,resulting in public portraits the right to protection faced with difficult situations,violations have occurred,but rights bumpy road.The law is too simple and is not conducive to the practice of law,the laws and regulations of our country on the right of portrait is limited to one or two provisions of the civil law,leading to the reality appears in many people's case is not conducive to the right of portrait,the portrait of content focuses on the laws of our country,the right analysis of the public the portrait,combined with the current situation of public figure portrait of our country,our country should select the appropriate time from the norms of civil law,legal boundaries,civil liability and judicial relief and other aspects of public figure portrait protection to be perfect,to benefit the protection of the public right of portrait.This article from the four parts of the Civil Protection of the right to public portraits discussed.The first part is an overview of public figures portrait,portraits in public rights outlined in this section of the connotation of public portraits right to define,and public figures from the political and social public figures to analyze two types of public figures in the current academic the concept put forward at this stage of neighboring rights on the basis of neighboring rights as defined in the relevant analysis."Public figure" concept generation,originally intended mainly to reasonable limits public figures aspect of personality rights,to protect the public interest and the public's right to know.That is,within the scope of fair use,the portrait of public figures should be subject to the necessary restrictions,but this limit is not absolute and without conditions.Based on the public interest and social right to information,public figures should be transferring some of its interests portrait,but without the consent of public figures-for-profit use of their image rights acts still constitute violations.The second part is a violation of the right of public performance portraits,collate and study the far right of the portrait of public figures against specific performance in this section.We are hoping to find practical concrete manifestation against public figures portrait rights.In portraits of the public right of legislative,judicial and law enforcement has played some inspiration.In this section,the author takes the form of cases of unauthorized use and unauthorized public portraits created two portraits of public figures analyzed.The third part is a brief analysis of China's current legal provisions.Test While Civil Protection System of a public figure portrait of a certain rationality,but because of the growing wealth and the development of the law itself lag and rights objects of the Internet age and other reasons,our current public figures portrait facing increasingly serious,there have been many problems.Portrait of public figures including the status of civil protection for the current situation and status of judicial relief legislation in two ways.Status of legislation to protect the rights of public portraits and judicial remedies Situation analysis in favor of targeted civil law to protect the public right to perfect portraits.The fourth part is to improve the imaging of civil protection for the right to public portraits in this section proposes to improve public portraits civil rights protection norms,a clear legal boundaries of public rights protection portraits portrait delineated against public figures and civil liability improve the protection of public figures portrait judicial relief.In addition,to maintain the balance in the game to do portraits of public figures and human rights among the public.To improve public portraits of civil rights protection,better protection of related rights.