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Normative Analysis Of The Personal Dignity Clause Of The General Principles Of Civil Law

Posted on:2019-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:C L LuoFull Text:PDF
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The general principles of civil law,implemented in October 1,2017,have made a change in many civil systems,and made more detailed provisions.The status of personality dignity in the general principles of civil law and its meaning have great progress compared with the previous legal provisions.This article mainly analyzes the personality dignity clause in the general principles of civil law from the following parts.The first chapter of this paper introduces the background of the topic of personal dignity.The implementation of the general principles of civil law has brought great changes to the dignity of the personality.However,in the past,the protection of the dignity of the personality in the past,the protection of the dignity of the citizen needs to be further strengthened.Then the judicial practical significance and academic significance of personality dignity are discussed.Both in the academic field and in practice,the protection of the dignity of personality has a further development space.The study of personality dignity is not only a great deal of research in the civil law circle.Scholars in the constitutional circle have also paid much attention to the dignity of personality,and have quite a lot of articles and books.In the second chapter,the basic theory of personality dignity is introduced in detail.The thought of personality dignity has a long history in foreign countries.There are different understanding of the meaning of personality dignity at each stage.Secondly,freedom and equality,as the inherent requirement of human dignity,make the dignity of human dignity the subject of law.The concept of personality dignity has always been controversial.Through the comparison with human dignity and the general personality right,there is a clearer understanding of the concept of personality dignity.Its meaning should be enjoyed by the subject of law and the minimum respect for others.The third chapter focuses on the understanding of the dignity clause of the general principles of civil law.First of all,we can understand the status of human dignity through the provisions of human dignity provisions and the application in reality.Secondly,the understanding of the nature of the dignity of the dignity of the dignity of the human dignity also affects the scope of the application of the terms of the dignity of the human dignity.As to the provisions of the general principles of civil law,the dignity of the personality should be the basis for the right of personality to provide adequate protection for the personal interests of the citizens.In addition,through the analysis of the functions of the dignity of the dignity of the personality,we can strengthen the understanding of the terms of dignity,the function of the constitution,the supplementary function of the specific personality rights,the protection of the new personality interests,and the direction for the application of the post dignity clause.The fourth chapter puts forward corresponding suggestions for the application of the dignity clause of the general principles of civil law.First of all,from the perspective of individual citizens,we need to strengthen the awareness of the protection of personal dignity,which is the realistic basis for the full application of personal dignity.Second,although the general principles of civil law endows a higher status in the terms of personality dignity,its provisions are relatively simple,and the concept is relatively abstract,and the application in reality has no definite rules,so the law needs to be more detailed.First of all,the present stage of the relevant judicial interpretation can be directly related to the application of the dignity of the dignity of the specific provisions;secondly,the development of the personality right law can establish a more complete system for the protection of personality dignity.
Keywords/Search Tags:personal dignity, human dignity, general personality right, general provisions of civil law
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