Research On The Compensation System Of Portrait Right Infringement

With the advance of the times,the commercial value of personality rights gradually becomes prominent.Portraiture right is one of specific personality rights that is most closely connected with social life,and people also pay more attention to their independent property interests and commercial value,so that it is urgent to enhance the protection of portrait right interests.This paper is constituted by five parts.The first part expounds the basic theories about portrait right,discussing the connotation change of the interests of portrait right.By illuminating the constituent elements of portrait right infringement in the new era,the influencing factors of the compensation result of portrait right infringement have been inferred.The second part combs the domestic laws and regulations related to portrait right infringement and refers to the specific circumstances of portrait right infringement in actual cases,stepwise analyzing the issues existing in the compensation system for portrait right infringement,including ambiguous identification standards for infringement,unclear severity of the plot,chaotic specific compensation basis,difficult verification of actual amount of loss,excessive reliance on judicial discretionary right and so on.The third part explores foreign advanced protection patterns of portrait right and compensation systems for portrait right infringement,respectively demonstrating the feasibility of two patterns in China and drawing some enlightenment for the improvement of Chinese system.The fourth part probes the reasonable choice for the protection pattern of China's portrait right,summarizing the suggestions for improving China's existing compensation system for portrait right infringement by analyzing the provisions related to portrait right in the draft of the Civil Code of the People's republic of China.This paper utilizes semantic analysis,case analysis,literature analysis,comparative study and other methods to explore China's compensation system for portrait right infringement.Ultimately,it is concluded that scientific identification standards for portrait right infringement should be set up,including equally treating different subjects as well as flexibly adjusting infringement measure range.It is necessary to comprehensively take infringement accounting index into consideration and reasonably divide the severity of portrait right infringement,avoiding to repeat calculation when multiple rights are infringed.The basic theories of claim right should be enriched and application research on profit return should be improved.This paper attempts to digitize the factors influencing the compensation in order to calculate the actual damage of the obligee and the infringe earnings of the infringer.At the same time,it is also necessary to standardize the exertion of judicial discretionary right,relaxing citizens' self-responsibility.Only in this way can the disputes of compensation for portrait right infringement in practices can be resolved and a more complete system for portrait right infringement can be established.