On General Personality Rights

With the development of society,the needs of people's low-level needs,such as the need for basic survival,are constantly being satisfied.People begin to pay more and more attention to and pursue higher level needs,such as the need for respect.So people pay more and more attention to personality rights,such as dignity,dignity and so on.People's demands for the protection of personality rights are increasing day by day.This paper discusses the general personality right.The so-called "general personality right" is the general personality interests of the legal subject(including citizens,legal persons and unincorporated organizations).The general personality interests include personality dignity,personality freedom,personality independence.The general personality right extends or deduces a variety of specific personality rights.The 109 article of the general civil law of China stipulates that the dignity and freedom of the person are protected by the law.In fact,"personality dignity" is the rule of "general personality right".The general rule of civil law combines "personal dignity" and "personal freedom",thus highlighting the importance of "personality dignity" as a general personality right.There are three main functions of the general personality right,that is,the interpretation function,the creative function and the supplementary function.The explanatory function refers to that it is based on the principle and spirit of the general personality right in screening and identifying new personality rights.The create function refers to that the general personality right is the "right of origin" of all specific personality rights.The general personality right also has a supplementary function.With the development of society,a variety of new forms of rights,including the new personality rights,are coming on,and the rule of "general personality right" gives full play to the abstractness and generality of the law.When the new personality right which has no example of the concrete right of personality is violated,the judge may follow the provisions of the "general personality right" and investigate the tort liability of the infringer,so that the general personality right is enriched and developed with the development of the society to keep its open character and keep pace with the times.This article holds that our country's personality right legislation should refer to the German model,that is,adopting the legislative style which combines the general summary of the right of personality and specific enumerated.In the judiciary,the judge should give priority to the legal provisions of the specific personality rights.Only when the right of personality the law is not specifically enumerated is violated to,the judge can apply the legal provisions of "the right of general personality".At the same time,the judge needs to weigh and judge the personal interests and other interests involved in the specific case.