Study On The Interpretation And Application Of The General Protection Clause Of Personal Rights In Chinese Civil Law

with the development of social and economic civilization,social networks are becoming more and more dense and complex,and the growing awareness of rights requires that the law be able to keep pace with the times to protect its own rights and interests.Among them,people pay more and more attention to their personality right.As the core content of the system of personality right,In the absence of the specific protection clause of personal rights or the specific protection clause of personal rights that are insufficient to protect the rights of the parties,the general protection clause of personal rights needs to be explained and applied.Therefore,how to interpret and apply it to make it play its unique role in the field of personality rights and better integrate it into our civil law system is indeed necessary for research.This article takes the general protection clause of personal rights in the civil law of our country as the research object,selects the general protection clause of personal rights in the application aspect question to begin to discuss,and puts forward the opinion to its in the judicial application question which should pay attention to,It is expected that the general protection clause of personal rights can play its special value of respect and protection of human freedom and dignity in theory and practice.Its main contents are as follows:The first part mainly summarizes the basic theory of general personality right.First of all,through the investigation of its development history to grasp its nature;Secondly,the characteristics of the general personality rights are observed,and the civil values of respect and protection of human freedom and dignity,as well as the interpretation,creation and supplementary functions of the general personality rights clause are examined again.The second part mainly discusses the application of general protection clause of personal rights in Chinese civil law.By examining the relationship between the general personality rights and the specific personality rights in academic circles,the controversy of the subject,object and content of the general personality right is followed by the applicable premise,the applicable subject and the applicable object of the general personality rightclause.The definition of applicable content is discussed one by one.The third part mainly through consulting and analyzing the case of "the general personality right dispute",observing the current situation of the judicial application of the general personality right clause,and investigating the existing problems in the judicial practice.The main performance is that the court mixed the general protection clause of personal rights with the specific protection clause of personal rights,the responsibility of infringing on the general personality right is difficult to identify,the judge abuses the discretion when carrying on the interest measurement and so on.After analyzing the existing problems in its application,the author suggests that the distinguishing standard between general personality right and specific personality right should be clearly defined,the constituent elements of infringing on general personality right responsibility should be clearly defined,and the power to limit the judge's discretion should be appropriately restricted.In order to solve its judicial practice in the application of difficulties.