Study On The Protection Of Merchandising Right Of Personality In Civil Law

At present,the protection of the right of personality in the civil law of our country is more traditional.It holds that the right of personality is exclusive and non property.It can only be enjoyed by the subject of rights.It can not be inherited and transferred.The existing legislation only protects the ethical value of the right of personality,that is,the non property personality interests.The development of market economy and social civilization has led to the exploitation and utilization of property interests of some civil subjects,which have considerable economic value and are widely used in the business field.The commercialization of the right of personality is the inevitable product of the development of the market economy at a certain stage,but at the same time,there will be a phenomenon of infringement of the right of commercialization of the right of personality.The common form of infringement is that the person without the right is allowed to impersonate,imitate,and defamation,and damage the real or potential economic interests of the right person.It leads to the confusion of market right order and the legitimate rights and interests of the obligee.Personality identification has been widely applied in the commercial field,which is a new problem raised by the commercial society to the legislation of personality right.Some foreign countries have formulated special laws on the protection of property interests in the right of personality,but the legislation on the protection of the interests of the personality rights and property is lagging behind in our country,which requires the establishment of relevant laws to protect it.The judicial practice has acknowledged the protection of the interests of the property rights and property,but it is still difficult to identify the economic value of the merchandising right of the personality right,the subject and object scope of the merchandising right,the inheritance and alienability of rights,the way of tort relief and the standard of compensation calculation,so it is difficult to protect the judiciary.In order to implement it in an all-round way.The good law should be adjusted with the progress of the society.The current personality right system can not solve the problem of the existence of the merchandising right of the personality right in an all-round way.On the premise of the conflict with the current legal system,the effective solution to the legal system of our country should be put forward by the broad masses of scholars and legislators to improve me.The civil law protection system of the merchandising right of the state’s personality right.By studying the existing legislation in the United States,Germany and China,we can find the legislative basis from theory and judicial practice.It should be recognized that personality right has property property,and it allows the realization of the economic value of personality identification by means of transfer,license use or inheritance,extending the subject scope of the right of personalization of personality to all natural persons,recognizing the right of personalization of the deceased and the collective,and extending the object scope of the personality merchandising right.All civil subjects have property identity,such as name,portrait,sound and personal information can play its property benefits.When the right of personalization of the personality of the civil subject is infringed,the right holder can apply the different ways of damages according to the way of producing the right of personalization of personality: infringe on the self imposed personality commodity.The right of the commercialization of the commercialized personality,the commercialized right of his personality and the commercial right of the mixed personality can claim the compensation for mental damage.In addition,the right of the commercialization of the personalities and the right of the commercialization of the mixed personality can also claim the compensation for the economic damage.From the subjective intention of the right holder and the use of personality rights,the amount of compensation that should be infringed is clearly defined.After all,the personality signs of different civil subjects are also different in commercial value.