| The basic theory of general personality right has always been the focus of controversy in the field of legal theory.Scholars have different opinions on its concept,nature and the relationship with specific personality right.Article 109 of the general provisions of the civil law is relatively abstract and vague,which does not respond to the controversy in the theoretical realm in the form of legislation,nor does it integrate the general personality right into the personality right system from the logical level perfectly.The civil code of the People’s Republic of China,which was passed on May 28,2020,for the first time makes the right of personality independent as a book.In this part,a new definition of general right of personality is given,which responds to the academic debate on the relationship between general right of personality,right of personality and specific right of personality.At the same time,it straightens out the logic of the system of right of personality,which is unprecedented.However,there are still some limitations in the regulation of general personality right in personality right book,which not only needs to be further improved in terms of legal provisions,including the inaccurate expression of "personal freedom",the lack of "personality independence" and "personality equality",but also the lack of protection of personality commercial use right and will personality.The creation process,legislative protection mode and the development of property rights of general personality rights in other countries can be used as reference for the legislation of general personality rights in China.It can provide references for the perfection of these limitations.We take the essence and combine the general personality rights theory of China to replace "personal freedom" with "freedom of personality" and increase "personality equality" and "personality independence" to the context of general personality right and construct a new dichotomy system of personality right.Under the background of rapid social development,perfecting these limitations will be more conducive to the civil code complying with the trend of respecting human rights and meet the practical needs of comprehensive protection of personality rights.This paper is divided into five chapters: Chapter 1 focuses on the topic selection,the current situation of domestic and foreign research and how to carry out the research on this issue;Chapter 2 analyzes the basic theory of general personality right and different views of the academic circles;Chapter 3 examines the legislation of general personality right in the Civil Code,objectively analyzes its progress and limitations;Chapter 4 discusses the theory of the general personality right in foreign countries;Chapter 5 explores the possible path for the perfection of the limitation of the legislation of general personality right in the Civil Code. |
