Research On The Legal Problems Of Using Computer Technology To Infringe Portrait Right

The right of portrait is a specific personality right enjoyed by natural persons whose personal and property interests can be reflected through their portraits.It is directly related to the personal dignity and social evaluation of natural persons.With the rapid development of science and technology,computer technology is maturing and improving,making the infringement of portrait rights more and more common.In today's information age,it is a breeze to use computer synthesis technology to edit,process and synthesize images.At present,Chinese laws do not make specific provisions on the infringement of citizens ' portrait rights through computing technology.In judicial practice,such problems are mainly solved referring to the relevant provisions of the Civil Law on the invasion of portrait rights.The legislative protection of portrait rights in China is too broad and abstract,so it is difficult and challenging to solve the issues of using computer technology to infringe portrait rights in practice.Besides,The academic circles have insufficient researches on the use of computer technology to infringe portrait rights,and there is no theoretical guidance for dispute resolution.Therefore,the issues of using computer technology to infringe portrait rights is worth discussing and analyzing.In this paper,the relevant legal issues about using computer technology to infringe portrait rights in the case of Xue Zhongliang's infringement of Lu Yongxing's portrait rights and Baique Ling's creative advertisement “shifting flowers and woods” will be discussed and analyzed through the following aspects: the definition of portraits,the legal characteristics of portraits,the elements of responsibility for the infringement of portrait rights,the function of portrait rights and the legal protection of portrait rights.The purpose is that some reasonable suggestions for the improvement of the legal protection system of portrait rights in China can be provided,and cases of using computer technology to infringe portrait rights can be solved better.This paper is divided into three parts: the first part mainly introduces the case and summarizes the focus of dispute in the case;the second part refers to the relevant theories of portrait and portrait rights to analyze the focus of the dispute in this caseand then concludes the deficiencies of the current law in China;the third part mainly proposes specific improvement suggestions to remedy the deficiencies on the basis of relevant provisions on the protection of portrait and portrait rights in China.