Regarding The Property Interests Of The Civil Law Protection And Research

Personality right property interest is with the thriving development of commodity economy,the holder of the goods used in the publicity,promotion of personality identity,such as portrait,names are endowed with personality identity in the process of economic value.The emergence of human rights and property interests is an important impact on the characteristics of civil law.The traditional human rights protection standard has some shortcomings in dealing with this problem.In recent years the rapid development of commercial society in our country,commercialization of personality right use of growing in the judicial practice about the utilization of personality right commercial disputes appear constantly,subject,object range is continuously expanding.In order to protect the property interests of the right of personality better according to the scope of property interests of right of personality is defined,for the transfer of property interests of right of personality inheritance issue clear norms,provide methods of reference in determining the amount of compensation for the infringement of property interests of right of personality.Therefore,the judicial practice provides effective theoretical and legal support,and better protect the interests of the property rights and property.The property interests of Chinese civil law and relevant laws have been recognized,but there are still deficiencies in the whole.Firstly,the subject scope of the interests of human rights property is limited to well-known figures in judicial practice,which is contrary to the basic principles of civil law.It is necessary to expand the main scope of the interests of personality rights.Personality right of property interest object is not only confined to the portrait,name the personality identity,in the practice of the voice,information and personality identity derived object can also be classified into the scope of the object of personality right of property interest;It is also worth considering whether human rights should be included in the object scope of the interests of human rights.Secondly,the interests of the right of personality are universal in modern society,so the law has to make specific regulations on the transfer and succession of the interests of the right of personality.Third,the judicial practice,the judge for the interests of the personality right of property damage compensation at the discretion of the unfavorable to reflect the fairness and justice of law,need through certain quantitative specification limit the discretion of the judge.Therefore,the protection of property interests of personality rights should break through the constraints of traditional theories.According to the present social situation,the protection of property interests of personality rights should be regulated in all respects by determining the scope of protection of property interests of personality rights,the transfer and inheritance of property interests of personality rights,and the reasonable calculation of the amount of compensation for damage to property interests of personality rights,which reflects the fairness and dignity of the law.