Research On The Protection Of Personality Rights And Property Rights

In the era of informationization,the mass media has developed rapidly,and the use of personal rights is not uncommon.The collection of personal information,the endorsement of the public and the authorization to use names or names,etc.,at the same time,the violation of personality rights is becoming more and more complicated.Paying attention to the protection of their own rights and interests,the traditional laws show certain limitations.China's "Civil Law General Principles","Torture Liability Law" and other laws have clearly confirmed the personality rights and speeded up the improvement of relevant regulations,but the above provisions are still relatively crude,China's lack of protection of personality rights and interests,the identification of ownership,It is still difficult to identify the elements of infringement,and the rights and remedies for citizens are insufficient.The protection of personal rights and property interests is severe.With the voice of the public and the research of scholars in the legal profession,the relevant departments of our country have begun to draft the "Personality Right Law"(draft),and incorporated it into our National Code to explore the scope of protection and protection of property interests in the right of personality.The path guides judicial practice and protects people's property rights and provides a Chinese plan for solving the problem of protection of personality rights.This article has four parts:The first part elaborates the background and significance of the topic protection of personality rights and interests,the research status at home and abroad,research methods and innovations.In the case of continuous development of economic rights and culture,personality rights are constantly used by commercial markets,and personality rights Not only is it purely personal rights,it has economic value,it can also serve the business and bring certain profits to the individual.Therefore,the formulation of the law on personality rights and the protection of the rights of personality rights require further improvement and modification..The second part introduces the connotation of personality rights and interests,the history and development trend of personality rights,and the theoretical basis.Outline Connotation We can have a preliminary understanding of the property rights of personality rights.The theoretical basis of this paper is to prove that the property rights of personality rights are notfabricated out of thin air.It has theoretical support.China recognizes the existence of personality rights.Its purpose is not only Confirm that,more importantly,protect the rights of citizens from infringement,The third part is to explain the status quo of the protection of personality rights in our country and to summarize the problems of the protection of the interests of personality rights in China.China has confirmed the specific personality right in the General Principles of Civil Law,and also made the personality right as an independent in the revision of the Civil Code.The Tort Liability Law also has relevant regulations,but there are still some problems.This article mainly elaborates on these issues: privacy rights and personal information are not clearly defined,personality rights are commoditized,property rights are blurred,and personality rights and property interests Protection remedies are imperfect,and privacy and personal information rights have many similarities,but the concept of personal information goes far beyond the scope of privacy.Privacy is not a substitute for personal information,and the two should be divided.The scholars of commercialized personality rights have their own views,and there are still some shortcomings in China's legislation.The infringement is complicated and the relevant laws are not perfect.It is difficult to protect the rights better.The fourth part is the introduction of the commercial use of foreign personality rights.In this chapter,the author studies the US public rights system and the German general personality rights protection system,pays attention to the analysis of the theoretical value of these systems according to the national conditions of each country,and based on the advantages and differences of the two systems,the enlightenment of the commercialization utilization system of personality rights in China.The fifth part is based on the problems of foreign legal system and the protection of the interests of personality rights in China,and puts forward the perfect suggestions for the protection of the rights and interests of personality rights in China,and clarifies the right to privacy and personal information and the right to commercialized personality.Attributes,perfection of infringement composition and damage compensation standards,refine the legal provisions of personality rights,and highlight the protective role of legal provisions.