| Personality is to point to the civil subject according to law, to the inherent personalityinterests as the object, in order to maintain its independent personality for rights. Thepersonality rights legislation related to our country socialism government by law societyconstruction for the basic idea, set out from all the activities of the legislation is essentialstarting point. In the civil code, you also sparked in our civil law academic circle on whetherindependent personality right into the dispute, the article is to recognize the personality rightsindependent personality right essential attribute basic requirement. This article based on theperspective of independent personality, to the personality rights as the research object, thenew personality right for the core content of this paper is also the innovation of this paperplace. Along with the development of our society, China’s relevant personality research alsohas a great progress and preliminary results, due to the spiritual society more and more carefulattention, appear many new right of personality is also more and more attention of scholarsand lawmakers, such as: environment personality right, the right to personal information. Thisarticle from the two rights should be sure whether the specific legislation for the personalityrights contents for research object for the analysis and discussion.This paper will be divided into four parts.The first part of the legal concept from the personality rights, from the legal analysis ofthe concept summarizes the characteristics of the personality, from the characteristics of thepersonality rights and decided the essential attribute of personality. This part of the analysis ofthe scientific four "personality right" concept, sums up the dispute of the personality rightslegal concept and personality is exclusive, equality, absolute right and property but that thereis a close relationship between characteristic.The second part is mainly from the personality rights process of historical developmentreflects the value pursuit of civil code and the personality rights legislation and the role of thecivil code of each other and promotes each other. This part of the personality rights frombud-preliminary admit-established, the whole process is the development of civil law, is alsocivil code value concept breakthrough role in guiding the personality rights legislation, andinstead of the civil code has simulative effect. At the same time, in the personality rightslegislation also reflected the civil code equality, freedom, and people the value concept ofall-round development.The third part of main Germany, France, Switzerland and China’s personality rightlegislation mode analysis the advantages and disadvantages, summarizing the experience,with China’s scholars of the support and opposition, sums up the legislation in China alone isthe necessary choice of the personality rights legislation. The fourth part, also is the key point and the full text of innovation. In choosing separatelegislation in China, the legislation of the content of personality right choice. First, the paperdiscusses the continental law system country countries of Anglo-American law system andthe protection of the right of personality range; Second, the analysis of our personality of themain body of rights legislation contents and China’s general personality rights and the specificcontent of the personality rights legislation choice; Finally, this article discusses thelegislation of our country new personality right content choice: new personality rightlegislation from the necessity of the lists the two plans to add specific personality:environmental personality right, personal information rights, establish two rights of thesubject, object and content. |
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