The General Personality Rights Protection Factor

Continuous development of social life,interpersonal relationship to trend of more and more complicated,diversity,people also pay more attention to the development of personality and their general personality rights and interests protection.In today's era of general personality right protection is not only for the individual to work,but also to the health of the whole society sustainable development lays the foundation,social and personal development are urgently needs the law to keep up the pace,the protection of rights and interests of the general personality.Although the general personality right is more and more attention,but because of the height of the general personality right generality and meaning of the uncertainty factor has many problems in judicial application,to identify and resolve.This paper lists three typical cases of general personality rights protection,and puts forward four considerations for the protection of general personality rights.In the general personality right are violated,first of all,the interests of the measure,the interests of the measure is status is especially important in all kinds of factor,also is a kind of very difficult,therefore,a clear interest measure method,in order to avoid in dealing with problems at the beginning of,in order to know more interest measure,is to explain its related properties,interest measure in the judicial practice,there are still many places not too mature,sparked interest measurement for deeper thinking;Second,reasons,disgraceful consideration principle of disgraceful consideration is not low frequency in the judicial practice,but a disgraceful consideration in order to correctly apply,there are a lot of effort to pay,the most basic disgraceful consideration is clear,the meaning of disgraceful consideration know the exposed problems in the judicial practice and the limitations of its own,and according to the problems exposed and draw a disgraceful consideration when as a general personality right protection of factor to carry on the rules and regulations,make principle disgraceful consideration maximizing its positive effect.In terms of general personality right relief,first of all,the interests of the spirit,the most can reflect the nature of the general personality right,in the relief,the interests of the spirit damage how to maintain,specific to the amount of compensation for mental injury and how to determine,the general personality right of damage compensate;Second,property interest considerations,the general personality right of property interest admitted itself embodies the progress,at the same time,the loss of the property interest is not without boundary,require multiple aspects,limit,to prevent the abuse of rights.Suggestions in the future legislation and judicial practice,the general personality right protection in a more important position,considerations for it can have a more clear understanding,hope that lawmakers to nail down their general personality right system in the future,and make clear rules for the protection.I know ability is limited,the study is not perfect,however short step that thousands of miles,looking for the perfection of the general personality right protection in China can play a little help.