The Protection System Of Natural Person's Voice Rights

The world today is in an era of rapid development of science and technology.The development of science and technology not only brings convenience to our work and life,but also brings challenges to the protection of personality rights and interests.Therefore,the protection of voice rights and interests is also troubled.The opinion that the right of voice should be protected as a right of personality has been unanimously affirmed by domestic and foreign academic circles.However,there are various theories about how to protect the right of voice in our country.Some scholars advocate to indirectly protect the rights of voice by expanding the protection scope of portrait right,and some scholars advocate to publicize the rights of voice.Scholars who advocate the empowerment of voice also have different views,such as the right of portrait voice,the right of voice language,the right of image,the right of independent voice and so on.The Civil Code clearly stipulates the civil protection of natural person's voice right for the first time.This regulation actually recognized the right of voice as an independent right of personality in the legislation,but in the technical level of right protection,it adopted the protection mode of portrait right to protect the right of voice.By using the method of comparative analysis,drawing on the advantages of foreign civil law on the protection of the right to voice,this paper analyzes its feasibility in our country,and analyzes the advantages and disadvantages of various theories.Through the comprehensive analysis of legislation and research status at home and abroad,it is considered that the voice right as an independent personality right is the most reasonable way to protect,and the voice right can become an independent personality right in China.On the one hand,the voice right has the possibility of generation because of its intrinsic personality ethics,human rights and voice elements.On the other hand,the expression form of voice right can be clearly recognized;The development of science and technology has brought changes to the way of life,but also put forward the appeal for the independence of the right of voice;The encroachment on the right of voice is increasing day by day.The independent right of voice is in line with the typified development of the right of personality,which proves the necessity of the right of voice.The next step is to construct the civil law protection system of the right to voice.The right of voice is a kind of personality right with exclusive property.As a kind of standard personality right,it not only embodies the interests of personality and spirit,but also embodies the interests of property,and the latter is more important.The subject of voice right is limited to the natural person,the deceased and the legal person are not the subject of voice right.Deaf and mute people are also natural persons,although they have limited ability to exercise the right to voice,but they have legal capacity,so they also belong to the legal subject of voice right.Since the boundaries of public figures are fuzzy,the subject of voice right should not be limited to public figures such as celebrities.The object of personality right,according to the theory of personality elements,is voice naturally.The content of the right of voice includes the exclusive right of recording,the exclusive right of voice use and the right of personality that the right owner has the right to request legal remedy when the right of voice is infringed or in the danger of infringement,so as to restore the completely dominant position of the right of voice.As a civil right,the use and protection of voice right are also limited by fair use.Most of the acts infringing on the right to voice are common social activities in daily life.These behaviors are not inherently dangerous and generally pose no risk.Therefore,the principle of imputation adopts the principle of fault.When the infringer is subjective intent or subjective negligence,the infringer can claim the right of infringement according to the Tort Liability Law,because the tort has caused actual damage consequences.Liability for infringing the right to voice includes stopping infringement,eliminating nuisance,eliminating danger,restoring the original state,making amends and paying for damages.Since the right to voice includes spiritual interests and property interests,the emphases of property damage compensation and mental damage compensation will be different for different interests.