The Commercialization Of Moral Rights Law Protected Mode

The personality power's commercialized phenomenon is a modern society commodity economy development important performance, mainly through to the personality power in certain property benefit's commercial use, realizes the specific economic value. But because in our country's modern legal regime temporarily not about the personality power commercialization's concrete legal localization and the guard mode, after enabling in the real life to have personality marking frequently and so on obligee name embezzles, the obligee can only obtain the psychic damage compensate, after violating the human to embezzle its personality marking to obtain the property benefit not, when profits the relief request is unable through the normal legal way solution. The domestic and foreign method educational world benefit's legal protection viewpoint extremely is not unified, very difficult to guarantee the property benefit smooth realization. Therefore sets up a set of complete protected mode is a main arduous task which completely the present our country legal science faces. The author compiles to write this article is precisely through to the personality power and the commercialized rationale analysis, profits from the overseas public power, the vivid power, the personality power commercialization pattern and in the abuse of authority pattern four kind of concrete protective measures related mature stipulation, analyzes our country personality power commercialization protection the legislative flaw, proposed that sets up the legal pattern which the personality power commercialization pattern and the abuse of authority unify to devise, stipulated explicitly the personality power commercialization legal regime's basic principle, the protection object and realize the form specifically, the abuse of authority pattern's damage compensate way realizes to the personality benefit in the commercial interest legal relief, to solves the legal matter which by the time in the personality power commercialization practice existsHas a benefit.