| At present,China has ushered in the important historical period of the compilation of Chinese Civil Code.However,there is still a great controversy in the question of personality right,such as whether the Chinese Civil Code should recept the German general personality right system and should have an independent chapter on the personality right.It is not difficult to see that in discussing these issues,most of them will be based on the German personality right system,But the prerequisite is an accurate understanding of this system.In this case,this article mainly hopes that through the historical analysis of the German personality right system,in order to present German personality right system accurately.For the concept of general personality right,it can be said that it is an important system in the history of German personal right law,but from the contemporary point of view,the general personality right is the German personal right law itself.Because the German personal right law is based on the general personality right as the core,the general personality as a "mother right" or "source right" is the basis of specific personality rights,is the not yet materialized status of specific personality rights.Such a general personality right derived from article 1,paragraph 1,and article 2,paragraph 1,of Basic Law for the Federal Republic of Germany,although referred to as a frame right,does not mean that it is not a right.The history and development trend of Pesonal Right law,the general personality right itself can become a subjective right.For subject of this right,in addition to the general natural person,the fetus can also be the main subject of the right,not only the natural person can be as the main body,the deceased's personal interests can also be protected,and even some of the legal personality rights in German law also recognized.In addition,although the connotation and extend of general personality right is not clear,and this problem has been criticized,through the typification of itself and the development ofspecific personality rights and other means to further clarify it.It is undeniable that the general personality right because of its open nature of the characteristics,for the content can not give the ultimate provisions,but this feature can adapt to use and protection of personal interests with the development of human society.Back to the reception of German concept of the general personality right,out of the German personal right law system,only to talk about the concept of general personality right is not desirable.And the German civil law in the tort law provides that the right of personality is not the results of well thought,so that the tort law has enough capacity for the personality right to impose a comprehensive protection.It schould thank the judge law to recognized the general personality right.Only in this clear understanding,to discuss the issue of our legislation for personality right is the correct way to solve the problem. |
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