| The flourishing development of the commercial economy makes the marketing means and products numerous and diverse.The object of the transaction has also broken the traditional concept of the people.Some personality elements with typical externalization features are also of economic value because of their unique objective existence.Nowadays,the public tradition is in the ascendant,the diversification of the way of information dissemination makes some highly identifiable personalities play a great economic benefit in business,thus the personality rights and property interests emerge and become increasingly prominent.Therefore,the discussion of the problem has also formed a trend,seeking a more perfect protection system for the interests of the personality rights and property,not only involving the break of the protection system.The shackles of traditional theory form an objective and practical protection to the new personality rights and interests,at the same time,it is beneficial to the benign development of judicial practice,conforms to the trend of the development of the social times under the new situation,and highlights the people-oriented concept and humanistic care of the civil law.This article aims to realize the strong protection of the interests of the property rights and property as the starting point and the foothold,striving from the civil law point of view,on the basis of the continuous improvement of the current system,drawing on the relevant effective legislative protection experience of the relevant rights and interests,and setting up his related system so that the protection of the interests of the personality rights and property will become more and more complete.The main contents of this article are as follows:first,the article makes a comparative analysis of its concept from two aspects of the connotation and extension of the interests of the property rights and property,and interprets the rationality and necessity of recognizing the interests of the property rights and property by combing the theory of the theory,defining the legal attributes of the rights and interests,forming a theoretical basis for the following content;secondly,The legal protection of the interests of personality rights and property in different legal systems is the content,focusing on the institutional norms of the economic value contained in the protection of personality rights by countries such as Germany,the United States,Japan and the United Kingdom,and concentrating on the selection of the protection mode of the interests of the personality rights and property and the two aspects of the system of tort relief,and the perfection of the relevant problems in our country.In addition,the article explains the current situation of the legislative protection of the interests of the property rights and property of our country,and analyzes the shortcomings of the protection of the economic benefit presented by the human rights,such as the problems that still exist,such as the lack of direct recognition of the interests of the property rights and property,the concrete difficulties in calculating the compensation for damages,and the existence of these problems more to the personality.It is very urgent and necessary to protect the rights and interests of the property in the existing norms.Finally,on the basis of the above analysis,the author puts forward some suggestions to improve the property interests of the personality power of our country,including four aspects,such as the choice of the interests of the property rights and property,the body system of the protection of the interests of the personality rights and property,the improvement of the way of tort relief and the unlawful management system of the interests of the personality right and property.On the basis of the recognition of the interests of the property rights and property,we should expand the power of the right of personality and make it expand from the original passive defense to active use.Under the perfection of the system of tort liability,it should be more detailed for the calculation of the concrete damage compensation,and draw lessons from the British prohibition order as behavior relief;in addition,to create a creative protection of the interests of the protection of the property rights and property of our country.The law management system aims at curbing the illegal behavior of managers through the legal effect of the system,and provides a new way of relief for the rights and interests subjects. |
