Study On Commercialization Of Personality Right System

Commercialization of personality right is the new trend with the development ofcommodity economy. Currently our legal system has not been definedCommercialization of personality right, a relatively complete system of remedies isnot formed. This leads to obligee always could not get the aim through judicialprocedure in infringement cases of commercialization of personality right. Aiming atthese problems, this thesis research on the background, concept, development processfor the commercialization of personality right, summed up the social basis, legal basis,theoretical basis of commercialization of personality right, and then combined withsome take its place in the front ranks of the world countries′excellently experience,such as Germany and America. Hoping to be able to promote establish and improvethe legal system of commercialization of personality right.The first part introduces conception, nature and some main types of personalityright commercialization, then explain some basic problems of it to provide theoreticalsupport for further elaborate.The second part describes social basis, legal basis, theoretical basis for theexistence of personality right commercialization to prove commercialization ofpersonality right is undeniable, and it is the inevitable result of the development of thecommodity economy. On this basis, proposed we also need some reasonablerestrictions to commercialization of personality right and specific instructions someworkable reasonable restrictions.The third part take Germany and America for example, elaborate two legalsystems in major countries how to protect commercialization of personality right. Bycombining these two countries′important jurisprudence impact on their legal systemconstruction, indicating the two different modes of relief, made reference for China.The forth part analyzes Chinese relief system of commercialization ofpersonality right, found inadequate of our relief system by analysis chaos in reliefsystem. The last part summarize the last four parts, combined with currently situation ofChina, put forward own proposals to improve our relief system of commercializationof personality right, so as to promote the progress of juridical practice, makelegislation and judicature step forward.