| Nowadays,both commercial economy and Internet technology are showing a trend of rapid development,and the commercialization of personality rights has become one of the significant trends in the development of modern society,which breaks through the barriers of traditional civil law theories and breaks through the inherent status quo that personality rights are non-transferable and non-inheritable.Under the premise that the property attribute and commercial value of personality right are becoming more and more prominent,how to protect the commercial utilization of personality right under the guidance of Civil Code has become one of the important issues to be studied urgently.Therefore,it is of great theoretical and practical significance to study the commercial civil law protection of personality rights.From the perspective of comparative law,combined with the research results and judicial practice at home and abroad,this paper will study the civil law protection mode and the specific rule design of the commercialization of personality right,and strive for the comprehensive,standardized and systematic protection of the commercial use of personality right.Through induction and summary,on the premise of excluding the introduction and conclusion,this paper will elaborate the topic from four parts:The first part expounds the theoretical overview of the commercial use of civil law protection of personality rights,which lays a foundation for the later in-depth study.First of all,this part defines the meaning of the commercial utilization of personality right,including the concept,characteristics and legal attributes;secondly,it also expounds the theoretical basis of the commercial utilization of personality right,including Kant Hegel’s personality theory,Locke’s labor property theory,Adam Smith’s utilitarianism theory and so on.The second part is mainly analyzing the present situation,existing problems and the causes of the commercial utilization of personality right in our country.First of all,this paper will demonstrate the current situation of this topic from the perspectives of legislative status and judicial status,and point out the urgent problems existing in this topic in our country;secondly,through the above exposition of such problems,analyze the causes of the problems existing in the commercial use and protection of personality rights in order to find ways to solve the problems.The third part explores the civil law protection provisions of the commercial use of personality rights in typical foreign countries and its enlightenment and reference to our country.This part will be from the perspective of comparative law,mainly focusing on the differences between the Anglo-American law system and the continental law system on the protection mode and other provisions of this topic.By investigating and studying the foreign legislative experience on the commercialization protection of personality right,combining it with the actual situation of our country,it is helpful to the choice of protection mode of commercial utilization of personality right and the construction of concrete design system in our country.The fourth part proposes some ideas and suggestions on how to advance the protection of the commercial utilization of personality right in our country,and explores the localization path of the civil law system of the commercial utilization of personality right in our country.On the basis of combining the research achievements and legislative experience at home and abroad,this paper intends to choose the protection mode of commercial utilization of personality right which adapts to the reality of our country;Meanwhile,it restricts the topic of this article in principle,including adopting the principles of adjective order and good morals,fair use,exhaustion of power and so on.Secondly,based on the above analysis,this paper puts forward specific suggestions on the protection system of commercial utilization of personality rights,including improving and defining the attributes of rights,the scope of civil law protection,tort relief system and so on. |
