Discuss About The Protection Of Public Figures Limit The Right Of Personality

In 1964 the United States" Sullivan v." New York Times"" case, Supreme Court justice William Brennan proposed " public officials " concept, so far, has formed the rudiment of public figures concept. Three years later, in" football coach v. veterans case", the Supreme Court Chief Justice Warren was first put forward the concept of" public figure". The United States and other western countries after long-term judicial practice, public figures and personality in the protection and restriction of the right hand, has formed a relatively perfect system. However, in our country as the legal meaning of public figures, the current law, regulations were not specified. In 2002, Fan Zhiyi v. the Wenhui-Xinmin United Press Group infringement of right of reputation case, for the first time in the judgment puts forward the concept of public figures. The case is China's right of personality in the field of a milepost type case, public figures on the concepts established in China is of great significance. Thereafter, the theory of public figures, in our country not only aroused extensive discussion, but also for the trial of such cases in the judicial practice provides certain theory basis. Accordingly, this paper uses historical analysis, empirical analysis, comparative analysis and other research methods, public figures on the concept, characteristics and protection of personality right of the limit.This paper mainly consists of three parts. The first part, from the origin of the concept of public figures, public figures on the concept, characteristics, classification and article, the author puts forward the understanding of the connotation and extension of the concept of public figures.In the second part of the first portion of the base, first in the civil law of personality right is discussed, and further reveals the personal right of public figure points: public figures are regulated by civil law civil subject of natural person, the personality right and other natural person, does not have any form of right of personality defect. But due to the" public" attribute to their rights attached than ordinary citizens more obligations. Secondly, based on the public right of personality characteristics, further put forward the appropriate restrictions on public figures related to personality right reason. Once again, the author introduces some restrictions on public figures of the personality right of academic viewpoints such as public interest, the public interest, that reasonable cause that said, interest balance and correlation of equal rights and obligations, and according to the above theoretical perspectives on some of the author's view. Finally, discussed domestic and international legislation and judicial practice of public figures' personality rights restrictions and practices. The restrictions on public figures of personality right of the range is not all right, just right of personality in the spirit of personality right: the right of reputation, such as privacy, right of portrait, right of name, and the four specific rights were detailed statement.The third part, the author how public figures on the protection of the right of personality is limited, and puts forward some tentative plan. First, adhere to the personality of public figures to limit the right that should be followed when maintaining dignity is inviolable, protect the public interests of the society, the right to know and the right of public opinion supervision protection principle, then in view of the particularity of public figures, from the legal system level proposed to the public figures' personality legislation suggestion.