Research On The Application Of The Reasonable Use System Of Personal Rights In China

In order to alleviate the conflict between personal rights and public or private interests,China’s Civil Code has established a new system of reasonable use of personal rights,which is an important component of the protection system of personal rights.However,due to the initial formation of the system of reasonable use of personal rights in China,Article 999 of the Civil Code,as a general provision,only abstractly stipulates the system of reasonable use of personal rights.In the process of judicial application,there are issues such as unclear scope of application,unclear application situation,inconsistent standards of public interest and "reasonableness",and indiscriminate application.In response to the above issues,this article proposes suggestions for the application of the system of reasonable use of personality rights in China based on the review of local judicial practice and the reference of foreign classic legislation and practice,in order to provide theoretical support for the improvement of the system of reasonable use of personality rights and provide clear guidance for judicial practice.On the basis of elaborating on the origin,concept,theoretical basis,and practical necessity of the system of reasonable use of personality rights in China,this article uses case analysis to sort out the problems that arise in the judicial application of the system and summarizes and analyzes the views of scholars,sorting out the disputes that currently exist in theory;Using the comparative analysis method to compare the typical legislation and practices of countries(regions) under the Anglo American legal system and those under the continental legal system,in order to provide some inspiration for the application of the system of reasonable use of personality rights in China.Based on this,the following suggestions are proposed to address the problems in the judicial application of the system:firstly,in response to the unclear scope of the reasonable use of personality rights system,the scope of reasonable use of personality rights should be limited to spiritual personality interests.Secondly,in response to the issue of unclear application,it is clear that the system of reasonable use of personal rights should be applied in the context of safeguarding public interests and non-profit private rights,prohibiting reasonable use solely for profit purposes,and analyzing the factors that need to be considered when determining"public interest",such as the public’s right to know and public interest,public opinion supervision,and freedom of speech.Once again,in response to the issue of inconsistent standards for "rationality",consideration should be given to the principles of proportionality,including the principles of purpose legitimacy,appropriateness,minimum harm,balance,dynamic balance,and legal reservation.Finally,in response to the issue of indiscriminate application of personality rights,a strict protection model should be adopted for the personality rights of minors;Adopting a differentiated protection approach for the personal rights and interests of public figures,promoting the realization of substantive justice while ensuring the maximization of the interests of all parties.