On The Civil Law Protection Of Commercialization Personality Right In China

In the context of the fact that business activities are not as active as they are now,and social platforms such as television networks are not as developed as they are now,the traditional system of personality rights recognizes that only personality interests exist in the right to personality,and this basic cognition is the non-property attribute of personality right brought to us,even if it is the commercialization phenomenon of personality elements The basic theory of the right to personality also does not allow us to admit it.However,in today's society,the phenomenon of commercial use of personality factors has produced the commercial personality right,this paper is mainly on the personality elements through the commercial use of property interests-commercialization of personality rights to discuss.In addition to the introduction,this paper will discuss from several aspects;First of all,the basic theory of commercialized personality right;the first is about the emergence of the commercial personality right,mainly from the tangible personality elements and intangible personality elements two aspects of the discussion,the conclusion is that China's current from both theoretical and practical Only the commercial use of certain intangible personality elements is recognized,and the commercial use of tangible personality elements is contrary to the ethical nature of human beings.The second is about the nature of the commercial personality right,there are many theories in our country,such as "New Personality Right Theory" and "Intellectual Property theory",after analyzing the pros and cons,the author chooses to support the "new Personality Right Theory",and the commercialized personality right is only a new way of exercising personality right under the background of the new era.Thirdly,on the question of choosing "commercialized personality right",although there are many theories about how to define this right,the author thinks that the name of right should be decided according to the nature of the right,because the author supports the legal attribute of "personality right",so the author supports the definition of "commercialized personality right" here because of "commercialization" Reflects the formation process of rights,"personality right" reflects the nature of rights.The other is about the basis of the reasonable existence of the commercial personality right;There are also many theories in theory,but the author supports the freedom of personality,because the commercial personality right is formed by the free use of personality elements by the personality right,which is the embodiment of personality freedom.Secondly,on the issue of Comparative law investigation on the commercialpersonality right,this part discusses the legislative model of the two countries in the United States,representing the country-Germany and the common law system of the Civil law system,and after analyzing the advantages and disadvantages,the author thinks that China is suitable for the soil where the open power model grows,Should,like Germany,protect the right to commercialize personality within the scope of the system of personality rights.Thirdly,on the protection status of commercialized personality right,the first is about the current situation of legislative protection of commercialized personality right,the decentralized protection in the general civil law,the tort Liability law,the Intellectual property Law and other relevant provisions,there is no special legislation to protect;the second is about the judicial protection of the commercial personality right,It is mainly the confirmation of the commercial personality right and the tort relief of the commercialized personality right.The third is that the problems existing in the protection of the commercial personality right are mainly discussed from the aspects of the subject and object of the right,the content of the right,the relief of the right and the limitation of the right.Finally,on the perfection of the protection of commercialized personality right,according to the problems existing in the protection of commercial personality right at present This paper puts forward some suggestions to improve the protection of commercial personality right in our country at present,mainly to expand the scope of subject and object of commercialized personality right,to clarify the way of exercising the commercial personality right,to perfect the relief system of commercialized personality right,and to clarify the boundary of the exercise of the right of the dominant personality right...