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Involuntary Public Figures Of The Personality Right Protection

Posted on:2013-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YinFull Text:PDF
GTID:2246330374499860Subject:Law
Abstract/Summary:PDF Full Text Request
With continuous improvement of people’s living standards, people nowadays paymore attention to self-realization and begin to pursue personal equality, personalindependence and human dignity as their material demands are met. In particular,under the guidance of scientific concept of development, the legal provisions shouldfully implement the principles and spirit of people-oriented, adequate protection of themoral rights of the citizens which will enable them to live in the society free anddignified. In recent years, the ever-changing science and technology has positivelychanged people’s living standard and also brought much trouble. In many cases, aninadvertent error or a casually sentence of some ordinary people is likely to spreadthrough the network and become the focus of the whole society, and even lead to adiscussion, espousing the personal information of the parties to the world. There wasan old law saying in the West—sunlight is the best preservative. However, when anordinary person passively becomes a public figure, whether his/her personality rightsshould be restricted like a public figure and how to seek help when his/her personalityrights are violated are all practical problems we need to solve continuously. After theintroduction of the "Civil Law" in1986, China legally established a system of moralrights for the first time. However, in the21st century, China’s civil law shouldcontinue to refine and improve the moral rights system. Based on this, this paper isgoing to research the personality rights system through protecting the personalityrights of involuntary public figures. The body is divided into three chapters asfollowing:The first chapter describes the creation of the concept of involuntary publicfigures, as well as the difference between voluntary public figures.The second chapter focuses on China’s existing lack of protection mechanisms ofpersonal information, as well as the disoperation that "human flesh searches” causedon involuntary public figures, in order to discuss the urgency and necessity ofestablishing protection system of involuntary public figures.The third chapter discusses the ways to set up China’s protection system of involuntary public figures from choosing the theory of right conflict to absorbingadvanced legislative experience of foreign countries, and then through improvingrelevant legislation, set up specialized personal information regulatory agencies, theimplementation of the real name registration and establishing a third partycertification mechanism, to finally build a protection system of the involuntary publicfigures in China.
Keywords/Search Tags:personality right, involuntary public figure, human flesh searches
PDF Full Text Request
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