Research On The Protection Model Of Property Interests Of Personality

With the continuous development of the commercialized society and the modern media,many countries and regions have increasingly attached importance to the protection of the interests of personal property.It is generally believed that the personality property interest is a kind of derivative interests of the traditional personality interest.On one hand,it has the possibility of relying on a specific carrier of personality to achieve commercial use,and on the other hand,It is also closely related to the the person who enjoy personality interests pointed by the personality symbol.Therefore,no matter what kind of protection model is adopted.we must respond to the actual needs in a timely and effective manner,while at the same time we must balance the relationship with other interests meticulously and cautiously.Our country is in the exploration stage of the protection model of personality property interests.Legislation is not yet clear,but a large number of cases have emerged in judicial practice.In view of this reality,we must find the right mode of protection that suits us,only by fully absorbing the useful experience of typical countries and combining its existing legal foundations and traditions.If the protection of personality property interests is achieved by expanding the content of the personality right from the traditional civil law theory,then the traditional theory only protecting purely spiritual rights will be broken,and further recognizes that the division of personality rights and property rights is not so clear-cut,objectively the two Bidirectional fusion occurs.Some personality traits often become the goal of commercialization.However,commercialized traits of personality often brings rights holders with rich economic benefits,which in turn enriches the types of property rights objects.However,the drawbacks of this model are also obvious.First,the expansion of the right to personality rights will change the system and logic of the original legislation,and does not meet the requirements of legal stability.Secondly,the scale of expansion is hard to pinpoint.Even a little bit of carelessness may infringe on other legal interests.If the protection of personality property interests is completely distinguished from the protection of spiritual interests,then the method of establishing new independent property rights can be adopted.The advantage of adopting this model is that it will not destroy the system and structure of the existing legislation.At the same time,it can stipulate the protection and use of personal property interests in the form of property rights,which is beneficial to the use and circulation of the personal property interests which may constitute the best way to configure resources.However,after the creation of new rights,the protection of personality property interests and spiritual interests will be separated.But it is two related interests deriving from the same personality.The protection of personality interests will inevitably affect the realization of new property rights to some degree.In addition to the aforementioned two ideas,of course,we can also adopt a more conservative attitude,that is,because of the existing legislative tradition and the emphasis on certain types of values,and evade the explicit recognition of the benefits of personality and property in the legislation,we have to use the existing Based on the system,it barely maintains a balance of interests.In fact,no matter what mode is used,it is the result of considering multiple factors.The freedom of speech and journalism,the logic of the legal system and the mode of relief,and the traditional ethical concept should all be fully considered.At present,China has promulgated and implemented the "General Civil Code"and has provisions on general personality rights.However,there is no mention of the property interest in personality rights.At the same time,the judicial case has repeatedly stated that personal rights contains property interests,and even directly put forward that the property interests are related to the right of publicity of the United States.As for how to construct the protection model of personal property interests,scholars in the academic field in China are mainly divided into two categories,namely the German model or the American model.Combining the status quo and traditions of our country's legislation and judicature,the author believes that we should learn more from the American model.Howe-ver,learning does not mean copying.We should create new right in a prudent manner on the premise of guaranteeing openness of the new right.This will gradually enriches the types of rights related to personality property interests,and develops the methods and limitations of use.This article proposes to use literature,historical research,comparative research,and case analysis methods to consult a certain number of monographs and journal articles.At the same time,we will search,sort out,and analyze recent relevant cases.Based on adequate theory and practice,The research task of the personality property interest protection model is launched with summarizing and sorting out existing theories believing we can combine a lot of experience in legislation and judicature to build a system of personality property interests protection in China.This article has three chapters.The first chapter is an overview.First of all,starting from several related concepts,briefly explain its relationship with the personality property benefits,and then proposed the definition of personality property interests.Then from two aspects,the author analyzes the relevant theoretical basis for the protection of personality property benefits.The second chapter is a comparative study.The relevant systems and practices in the United States,Germany,and the United Kingdom were first discussed in detail,and a number of issues that should be considered in the process of pattern exploration were summarized.Then it introduced the development and current situation of China's legislative,judicial and academic research.Finally,a proper analysis was made on the basis of comparison.In the third chapter,the author put forward the concrete idea of the construction of our country's personality property protection model.This section advocates that by comparing different modes of protection,choosing beneficial merits to absorb,and combining with existing laws and institutions in China,proposing a combination protection model.