On The Introduction Of Public Right System In China

This paper provides a legal dispute on personality right identification in the process of commercial use,demonstrating the status quo of the legal protection of the property interest of personality right in China and raising a series of problems.Do people have privacy? Do they enjoy the property interest of personality right? Which have economic value,among the specific objects of right associated with personality right? Do public figures' photos,stills,images in news reports,star expression packages and publicly-used photos,have value respectively and are protected by law?The paper introduces the relevant basic theories regarding public right system,focusing on the analysis and argumentation of differentiation of public right and the related concepts,such personality rights as privacy,intellectual property right,and right of portrait,etc.The deep study of the basic theory has a lot of reference to the establishment of the public right system in China.The three major theories of economic efficiency,labor property and consumer protection,are analyzed.Then from the subject,object,protection object,as well as the main content of public right,the paper summarizes the characteristics that public right should have.Since there is no public right protection system in China,it is very necessary to draw lessons from abroad in the legal practice of public right system.Public right system was firstly established in American Law,but Germany is the representative of the continental law system,so its development of the system of public right is also very worthy of our study.In legal science in China,opinions differ on whether to follow American independently-set mode of public right protection system,or to follow Germany to expand the scope of personality right protection,putting public right within the category of personality right protection.Thus the author,through analysis and study,raises the top priority in the paper –the application of public right system in practice in China and the future outlook.To Clearly recognize that personality right has property attributes and is transferable and inheritable,to protect the public right of the dead for a certain period of time,and to create effective damages remedy mechanism,etc.provide a train of thought for China law to eventually establish public right protection mechanism.