The Research On Constitutional Personality Rights And Civil Law Personality Rights Under Functional Differentiation

The protection of personality rights in law is closely related to people's understanding of themselves.Human self-discovery and self-realization,which has established the central position of human in modern society.Personality and personality rights are not only the result of the evolution of legal logic,but also the value choice based on social reality.Therefore,the right of personality is the right to the personality and personality elements by the person,and the right to the object rather than the rights to the people themselves.As the basic right and civil right,personality rights have different production basis and operation mode.This paper probes into the historical evolution of personality rights,understands the connotation and function of constitutional personality right and civil personality rights,and studies the formation and construction of constitutional personality right and civil personality rights.With the complexity of social structure,traditional ideas and organizations of laws are difficult to adapt to the new reality of society.In terms of the constitutional right of personality and the civil rights of personality,they are also the product of the differentiation to adapt to the new social problems.Develop the protection mode suitable for the positive and negative power of personality right,form the static protection with negative power and the dynamic protection with positive power for the integrity of personality from the static and dynamic aspects and form the static protection with negative power and the dynamic protection with positive power for the free development of personality,and carry out the system to be undertaken by the constitutional right of personality and the civil rights of personality respectively.The power of constitutional personality right and civil personality rights are essentially to study the legal functions of personality right in different normative systems from the perspective of constitutional and civil norms.The constitutional right of personality,in its power allocation,bears the protection of the whole human being.The function of the civil right of personality is to provide specific special protection measures.In the course of history,the recognition and realization of the right of personality develops continuously.The development of personality right reflects the change of the status of people in the society,from the ancient status personality right to the modern equality personality right.Under the influence and promotion of the concept of human rights and the movement of human rights,the content and scope of personality rights are constantly expanding,and the basic rights of human beings have become the standard configuration of people's social qualifications.Since the personal right may be damaged from both the state and the private,the protection of the personal right should be completed jointly by the constitutional joint civil law in the empirical legal system.The value and spirit of the constitutional personality right,the implementation of the value basis in civil legislation and judicature through functional diffusion,and the adjustment of personality right conflict is a stable and continuous dynamic process.The civil law treats the rights of each individual with great freedom and tolerance,and the civil law norms try to give maximum protection to individual freedom and dignity.The personality right of civil law completely embodies the spirit of civil law,and the protection of personality right guarantees the freedom and dignity of individuals.It is better to build a complete and open personality right system in civil law.The paper investigates the theory and practice of constitutional personality right and civil personality right,and seeks the development history of personality right from the perspective of the relationship between constitution and civil law.By combing the development history of personality right,the theoretical basis of constitutional personality right and civil personality right under the differentiation of cognitive function is obtained.On the basis of the analysis of the historical development of constitutional personality right and civil personality right,this paper mainly explains the origin,function direction and function of constitutional personality right and civil personality right,and clarifies the right system,so as to benefit the construction of personality right system.