The Study Type Of General Personality Right Protect In Judicial Practice

The connotation of General personality rights is extensive,and the object is the interest of personality and abstract.The provisions of our country's law on the right to general personality are also extremely unclear.When courts deal with general personality rights disputes,they need to cite a clear legal basis.Without legal basis,the court could not resolve disputes based on the general personality right system,which resulted in the poor remedies of general personality rights.How to overcome the problem of inadequate protection in the judicial practice of general personality rights and personality interests still needs to be discussed in our country's legal practice.The value of the general personality right system is supplemented by the protection of personality rights and personality interests that cannot be protected by specific personality rights.However,the uncertainty of general personality rights and the imperfections in laws and regulations have led to insufficient capacity to supplement specific personality rights.How to understand the general personality right system,how to grasp its scope of protection and its object is particularly important.The article is divided into four chapters.The first chapter mainly discusses the adoption of a specific case of the Chinese legal judgment document online,sampling and selecting 300 related cases,conducting data analysis,and sorting out the status of general personality right protection.Through the present situation,combined with the proper role of the general personality right system,the existing problems in the application of the general personality right system are analyzed,and the existing problems are further sorted out.Specifically,the following four issues are considered: the protection of general personality rights is regarded as the protection of specific personality rights,the specific personality rights are regarded as general personality rights protection,the general personality rights protection is not protected,and other non-personal rights are regarded General personality protection.The second chapter mainly explains the reasons why the general personality right protects these problems in judicial practice.First through the first section analyzed the imperfections of the general personality system.Secondly,it analyzes the existing legal provisions in our country,and fails to make a clear stipulation on the basis of the general personality right.Finally,from the perspective of judicial practice,the problems existing in the operation of general personality rights in judicial practice are discussed.The third chapter is about the type recognition of general personality right protection.It is generally believed that there are three modes for the protection scope of general personality rights: object-oriented mode,behavior-oriented mode,and comprehensive-oriented mode.A brief analysis of these three models was conducted,and the reasons for choosing the object-oriented model as the basis for analysis were elaborated.The fourth chapter is the classification of the scope of general personality protection.According to the object-oriented model,the division of personality interests is divided into nine categories.The last category is the bottom-up classification.The classification is mainly based on the object of general personality rights and the types of rights that are relatively common in judicial practice.For types of rights that have a lower frequency of occurrence,they are classified in other personal interests.The right of the personality that protects our country's existing policy directly or indirectly in conjunction with legal provisions,such as the fetal personality rights and the deceased's personality rights,is not discussed in the article.The purpose of this paper is to summarize relevant experience through specific practices in judicial practice,and classifies the scope of protection of general personality rights from the perspective of the laws and regulations stipulated in our country and the perspective of the object.It provides certain guidance for right holders to protect their rights and interests,and provides certain reference for specific operations in judicial practice.