Empirical Study On Civil Judical Relief Of Emerging Personality Rights

The emerging personality rights refer to the rights which have not been clearly defined as legal rights in current legislation,or the variation of certain current powers,but to a certain degree those legal personality benefits have already been recognized by public and they are worthy to be protected by the law.This essay,by examining the existing legal documents of “emerging personality rights” cases in the judgement document network before and after the implementation of the case registration system reform,will truly reflect the current problems in accepting and hearing cases related to emerging personality rights such as narrow range for filing cases,high inspection standards,lack of suasive logic relationship between judgement reasons and results,different judgment for a same case,and violation against the unity principle of legal system.These are mainly due to the high prosecution threshold,the low cost of vexatious litigation,and the imperfection of relevant supporting systems.We should draw on the theory of civil litigation structure and litigation requirements in civil law countries and,in light of China's judicial practice,reform the prosecution system and the system for accepting and handling cases pursuant to relevant regulations such as the General Rules of the Civil Law,the Civil Procedure Law,and the Interpretation on the Civil Procedure Law,in order to lower prosecution threshold and focus on links other than putting cases on record.Besides,supporting reforms on court organization should be carried out so as to adapt to the reform on prosecution conditions.The expense mechanism of accountability should be employed to restrict abuse of action so that the contradiction between limited judicial judgement resources and unlimited disputes can be resolved and unnecessary actions can be eliminated.The issue of “interest of action” is inevitably involved when we realize the relief of civil cases related to emerging personality rights through a judicial way.The judging standard of “interest of action” in declaratory action directly determines if theright of action can be relieved.In a unitary state like China,the phenomenon of“different adjudicatory outcomes for the same type of cases” dominates in cases involving emerging personality rights,and different courts enter quite different judgments for similar cases,violating the principles of “same judgments for the same type of cases” and “unity of legal system”.Therefore,certain standards should be established to examine the legitimation of rights and the emerging personality rights should be incorporated into current legal system.Solving such problems needs to start from two aspects: First,establish the principles and standards of substantive rights judgments.The principle of interests balance,the principle of rights discrimination,and the principle of prioritizing survival interests should be followed as the principles of reasoning in case trial.Protection should be inclined to the vulnerable side,provided that both parties' interests are taken into consideration.We should demonstrate emerging personality rights in three necessary steps: whether the emerging personality right is a legal type of right,whether it is direct personal rights,and whether it has the legitimacy of interest and the necessity of protection.Second,reform the norms of civil judicial judgment.Judges should improve their professional quality and competence in handling cases related to emerging personality rights.Only in this way can we build a diversified mechanism to better ensure citizens' rights,for resolving contradictions,and avoiding or reducing legal actions.