Research On The Legislation Article 109 Of The General Provisions Of The Civil Law About Personal Dignity

Article 109 of the General Provisions of the Civil Law stipulates personal dignity,which is a major breakthrough in the legislative mode of personal dignity.Before that,the personal dignity was first defined in the Constitution and later in the General Principles of the Civil Law.In these two laws,personal dignity is only a part of the right to reputation,and is one of the performances of protecting the right to reputation.Until the Interpretation of the Supreme People's Court on Problems regarding the Ascertainment of Compensation Liability for Emotional Damages in Civil Torts,personal dignity has become the general personality right of civil law in our country.Journal of civil law Personal dignity of the General Provisions of the Civil Law break through the reputation of the barriers in the form of law,for the first time confirmed the general personality right status of personal dignity.The personal dignity clause positioning in the first chapter named "Civil Rights" to show the humanities concern of the General Provisions of the Civil Law.The personal dignity clause in the General Provisions of the Civil Law shows the nature of rights.Personal dignity has the value of constructing the subject system.Personal dignity highlights the subject status of a natural person.On the one hand,personal dignity first shows the difference between a person and an object.On the other hand,personal dignity is to treat people as real people,which is the premise for people to become the subject.It is the affirmation of the subject status of natural person.Personal dignity shows the intrinsic value of the subject of a natural person,such as respect,equality,independence and self-determination,which cannot be exhausted.The stipulation of personal dignity in the main body system of the General Provisions of the Civil Law can break through the image of the rational person who only has the ability of rights in the traditional civil law,create the image of the person who is rich in personal dignity in the civil law,highlight the humanistic care of the General Provisions of the Civil Law,and realize the all-round development of human beings.Personal dignity also has the value of establishing the right system.The General Provisions of the Civil Law stipulates the personal dignity in the right system,hoping to construct the general personality right like the German civil law through the personal dignity.The personal dignity clause is the general clause of the personal right,which is the appeal of the inherent value of the natural person to the right system.Personal dignity plays a role of creation,interpretation and supplement in the system of personal right.The connotation of personal dignity is not clear,cannot be regarded as a right;And the personal dignity is the source of the object of the right of personality,not the content of the right of personality.Therefore,the General Provisions of the Civil Law stipulates personal dignity in the chapter of "civil rights",which is inconsistent with the purpose of establishing "civil rights" to stipulate the types and contents of rights.The personal dignity and personal freedom in Article 109 of the General Provisions of the Civil Law are different in nature and rank,and there is no juxtaposition between them.Freedom of person includes freedom of body and freedom of thinking,which is different from freedom of personality.Personal freedom cannot replace personal freedom,and it is in the same rank with personal dignity.Personal dignity is the general expression of the right of personality,personal freedom is a specific right of personality,both in theory,legislation and judicial practice are at different levels.In order to solve these problems,the provisions on personal dignity in the General Provisions of the Civil Law should be improved.At the end of Article 13 of the chapter "natural person" in the General Provisions of the Civil Law,add the provisions on personal dignity,that is,add "the personal dignity of natural person is protected by law",to highlight the value of the subject system framework of personal dignity.At the same time,the existing provisions of Article 109 on personal dignity were deleted.The value of establishing the right system of personal dignity could be realized in the part of personality rights.