Legal Protection For Commercialization Of Personality Right In China

The commercialization of personality right is not a result of construction of logic,but a result of development of market economy.As time goes by,it not only makes a big impact of dual system in civil law,but also brings challenges for judicial practice because lack of a uniform rules.It means a lot to the theory and the reality.The thesis is written in the context of compiling of Civil Law,on the basis of judicial practice and theoretical achievements.Comparative analysis and empirical study are used in the paper to find an appropriate way to protect the commercialization of personality right in China,and I wish I could do my best to make a contribution to legislation in the future.Except the introduction and conclusion,the thesis is composed of four parts.In Part One,I firstly analyse the reason,the concept and the influence of the commercialization of personality right.Then I introduce the legal nature through comparison of the scholars' achievement and I make my conclusion that the legal nature of the commercialization of personality right is a expansion of function of personality right.In Part Two,we learn from the comparative laws.In the Common Law,American and British laws are mainly presented,especially the right of publicity in American law which is a unique creation of a protected way.But in Civil Law,the German law is different from the Common Law.The Japanese belongs to the Civil Law,but is more similar to American law.The thesis analyse the reason of different ways in dealing with commercialization of personality in different country and we should make a choice just like German Law.The Part Three is about the current law system of protection of the commercialization of personality right in China.In the legislative field,we're lack of a uniform law which can be used to adjust the situation of commercialization of personality right.It depends on several laws such as Law of Personality Right,Copyright Law,the Law of Trademarks and the Law of Anti-unfair Competition.I use two cases to showthe progress of judicial practice in commercialization of personality in the past twenty years,but it also shows the shortcoming in the practise filed.The last part of the body is the key point of my thesis.As in the stage of compilation of the Civil Law,the scholars had a very fierce discussion about personal right as an independent part.I got some inspirations from the discussion that we should affirm two principles in solving the problem of commercialization of personality.Firstly we should solve it in the range of the right of personality,then it should be limited in a small part of right of personality.I sort the right of personality in a new way,it can be classified as exclusive right of personality and property right of personality.In the conclusion,I organize the structure of the thesis and refine essence of it.