The Protection Of The Identity Rights And Interests Of Natural Persons In The Civil Law

The rights and interests of the identity of natural persons belong to the blank part of the legislation before the era of the general principles of civil law,and the relevant research is also in a state of marginalization.After the implementation of the General principles of Civil Law,in the chapter on civil rights,Through Article 104,the legislator stipulated from the macro level that the marriage and the family was protected by law,but did not mention the rights and interests of the natural person.The establishment of the system of personal rights in the General principles of Civil Law is modeled on the German Civil Code.From articles 109 to 112,it sets up the general personality right,the specific personality right,and then,for the first time,article 112 expressly stipulates that "The personal rights of natural persons arising from marriage,family relations,etc.,are protected by law ",and this article has also been recognized as the first time that the civil law of our country has clearly defined the legal protection of the rights and interests of natural persons,which is referred to in this article as " personal rights ".That is,the legal rights,which have nothing to do with property interests,are mainly embodied in the right of identity in practice.(1)Since then,from the right of personality to the right of identity,the General principles of Civil Law have set up a complete system of personal rights in China's civil law.However,the current law,including the civil law of marriage and family,has not clearly defined the concept of the right of identity and its specific content.The promulgation of Article 112 of the General principles of Civil Law has,in fact,made clear the legal protection of the rights and interests of natural persons arising from marriage and family relations in our civil law.However,how to define the connotation and extension of the rights mentioned in this article? how does Article 112 of the General principles of Civil Law realize the connection with the relevant sub-provisions,such as marriage and family law,tort liability law and so on? And how to realize the protection of the rights and interests of the natural person through the application of the law in practice,and so on,led to the proposed topic of this paper.Based on the above problems,the main content of this paper is divided into six parts:The first part is the introduction part,It mainly includes the research summary of the thesis,the significance of the topic selection,the goal and method of the research,and so on.;The second part is to raise the question,including our country civil law regarding the natural person identity rights and interests legislation present situation,as well as in the practice natural person identity rights and interests protection law application predicament;The third part: on the basis of the current legislative situation and the dilemma of the application of the law in the second part,from the point of view of interpretation theory,the article 112 of the General principles of Civil Law is explained,including the interpretation of the purpose of regulating the provisions of this article.And the definition of the connotation and extension of the right mentioned in this article by means of interpretation methods such as textual interpretation and systematic interpretation.The fourth part is from the point of view of reality,according to the different types of kinship in marriage and family,explain the specific content of identity rights and interests in the current marriage and family law of our country,and provide the legal basis for the protection of rights and interests in practice;The fifth part,on the basis of the general provisions and the confirmation of specific rights in marriage and family law,combined with the current judicial practice,explores the protection path of the infringement of the rights and interests of natural persons,from the recognition of the type of rights to the relief of the protection of rights.Form a complete path of law application.The last part is the conclusion of this paper.On the basis of summarizing the main purpose of this paper and combining with the legislative background of the compilation of the current civil code,the author puts forward some suggestions for the legislative improvement of the protection of the identity rights and interests of natural persons in the civil law.