On The Protection Of The Property Interests Of The Subject Personality Right

Nowadays,with the rapid development of social economy and economy,the role of online media in economic development has gradually emerged,and the phenomenon of commercializing the use of personal symbols such as names and portraits in practice has been increasing,with increasing calls for the protection of property interests in standard personality rights,while the traditional theory of personality rights only focuses on the protection of spiritual interests,which can no longer meet the needs of social development,The system of protection of property interests of standard personality rights emerged as the times require.This article first analyzes the overview of property interests of standard personality rights,including the definition of standard personality rights,the legal attributes of property interests of standard personality rights,and the theoretical basis for the protection of property interests of standard personality rights.It is pointed out that the nominal personality right is a right enjoyed by the obligee based on its personality identity,which can be commercialized and used to obtain economic benefits.At the same time,from the perspective of the original subject and the successor,celebrities,and ordinary people,this article introduces the subject of property interests in the standard personality right to clarify which subjects can enjoy the standard personality right and obtain property interests.It also indicates that the object of the right to personality is a personality marker,and introduces the characteristics of the object to distinguish the right to personality from other rights.It is also discussed that the nominal personality right has both positive and negative powers,and the coexistence of these two powers enables the right subject to both defend against infringement and actively exercise its power.In addition,by analyzing the different viewpoints of various scholars,it is proposed that the property interests of China’s standard personality rights have the attribute of personality rights,and the theoretical basis for protecting the property interests of standard personality rights is discussed from three levels: Locke’s labor property theory,economic analysis theory,and personality autonomy theory.Secondly,it expounds the current situation and difficulties of the protection of property interests of the subject personality right in China,focusing on the relevant provisions of the Civil Code,and demonstrates the recognition of property interests of the subject personality right in judicial practice and the existing problems in the standard of compensation for damages through three typical cases.On this basis,it points out the difficulties of protection in China,mainly including: the protection of property interests of the deceased personality mark has not yet been clarified The type of protection of the standard personality right is unclear,and the property interests of the standard personality right lack specific compensation standards for damages.Thirdly,through the dual protection model of the United States and the dual protection model of Germany,this paper analyzes the protection of property interests of standard personality rights in comparative law,points out the similarities and differences in protection between the two,draws inspiration for China,provides reference for China in the selection of protection models,and discusses the advantages of the two models in the inheritance and utilization of property interests of standard personality rights and the prohibition system.Finally,it explores a unified protection model suitable for China,and points out the protection path in China from four aspects,including strengthening the protection of property interests of the deceased’s nominal personality rights,and clarifying the protection types of nominal personality rights.