Research On The Right Of Personality Under The Relationship Between Constitution And Civil Law

The argument that the personality right belongs to the constitutional right or the civil rights,as well as the protection of the right of personality caused by it,has always been a hot topic of concern in the law circle.With the development of civil code compilation work,the debate over its attributes is more heated,because of it will directlyaffect thelegislative system design of personality right and the relationship between the personality right in the constitution and the personality right in civil law,then It has an important influence on the protection of personality rights under the background of the new era.In 2017,the word"personality right" was first presented with personal and property rights,It not only embodies the state's attention to the protection of the right of personality,but also shows that the protection of the right of personality is not perfect in the other side.The relationship between the constitutional right of personality and the civil rights of the civil law is in essence the epitome of the basic rights of the Constitution and civil rights of the civil law,Therefore,when discussing the attribute of the personality right and the guarantee mechanism,we should not only pay attention to the meaning of the word itself,but should combine the dual context of the Constitution and the civil law so as to avoid the mire of textual and disciplinary difficulties.Therefore,this article is intended to explore the relationship between the dual attributes of personality right in the perspective of constitutional people's relations and the conclusion is that the protection of the right to personality needs the double attribute of the personality right and combined with the insufficiency of the protection of the right of personality in the Constitution and civil law of China,the way of constitutional relief is put forward.This article is divided into three chapters:The first chapter is the basic theory of the right of personality.In this chapter,the meaning of personality right and the historical development of the protection of personality right at home and abroad are roughly combed,it can be found that the development of the right to personality presents a trend of increasing interaction with the constitutional law.And then the three attributes of the right of personality in China:the introduction and analysis of the theory of constitutional property,the attribute of civil law and the theory of double attributes.At the same time,the author's point of view is that the right of personality has two attributes of the Constitution and the civil law.The personality right in the Constitution and the right of personality in the civil law have different properties and functions in two different fields,and they can not be replaced by each other and can not be confused.The second chapter is the right of personality under the relationship between the Constitution and the civil law.Because the relationship between the constitutional right of personality and the civil rights of the civil law is in the final analysis the question of the relationship between the Constitution and the people,the research method is avoided in the perspective of one way and one-sided research,from the perspective of the relationship between the Constitution and the people,we discuss the relationship between the personality right in the Constitution and the personality right in the civil law,so as to make sure that the protection of the right of personality requires the dual functions of basic rights and civil rights.The dual nature of the basic constitutional rights of subjective rights and objective is the premise,so the relationship between the Constitution and civil law,in the first approach the dual nature of the basic rights are discussed,and then the relationship between the constitutional right of personality and right of personality in civil law from two aspects of interaction and difference analysis.The third chapter is the inadequacy of the protection of the right of personality and the path of constitutional relief in the constitutional civil law of China.The right of personality has the dual attributes of the basic and civil rights of the constitution,so it is necessary for the two fields of constitution and civil law to work together to protect the right of personality,however,the protection mechanism of personality right in the Constitution and civil law of our country is not perfect,and there are shortcomings in the text standard and function.Therefore,the last section of this chapter will analyze the constitutional relief way of personality right protection in judicial practice,that is,the constitutional interpretation of personality right,so as to benefit the protection of personality right.