The Legal Practice Analysis Of The Personality Right In China

Since the sixty years of new China founding.The personality rights realized thechange from discovery to development. Due to the special social and historicalbackground, Each phase of the personality rights presents different developmentstatus and characteristics. Grasping the development track and understanding thedevelopment trend inside has an important history significance to current personalityright’s legislation and judicial practice. This article us " The Legal practice analysisof the personality right in China " as the view, use the empirical analysis, historicalanalysis, comparative analysis and other methods, with “the personality rights historyinvestigation-development trend-the facing problem” as the axis,discuss the followingseveral aspects from the longitudinal and transverse angles.The introduction define the legal conception of the personality right, throughsumming up the personality right’s theory and practice of the mainland legal systemcountries, expounds the historical changes of the personality rights legal protectionfor clearing the theoretical obstacles, and introduces its background, significance, thecurrent research situation and the problems.The first chapter is "the investigation of the personality right’s historydevelopment in our country ". At the conclusion of the development features of thedifferent historical stages since the founding, divided into the defects of individualpersonality and the formal establishment of the personality rights, and points out thefacing reality challenge in the new era.The second chapter is " the development tendency of the personality rights andthe review in our country ". From the different perspectives such as political,economic, legal, ideology and development direction, analyse the development trendof the personality rights since the China’s founding and the rationality and necessityof the kind of change happened.The third chapter is " the facing problems and countermeasures of the personalityrights ". This part summed up the problems of the personality rights respectively from the Angle of the ory and the judicial practice legislation, research thepersonality right’s position of the civil code in our country in the future, and the keepof the general personality rights and the expansion of the personality rightsthoroughly, and puts forward some countermeasures.The conclusion summarized the full text content, and further expounds the lawpractice’s investigation and the history analysis of the personality rights can help usavoid a repeat of the history, have the important meaning to realize the"people-oriented" spirit in the civil law and the construction of a harmonious society.