Research On The Property

Personal right as one of fundamental rights of citizens, is increasingly concerned by people, the articles which related Personal right are rich too. The right to honor as one of the personal rights is specified in the general principles of the civil law, compared with other personal rights, academia’s discussion about the right of honor few, in the judicial practice, citizens who enjoy the right to honor conservation status of was no better. This is mainly due to the provisions of the general principles of civil law right to honor too much principle, operability is not enough, in addition, academics and practitioners on the meaning of honor, nature of the right to honor and glory’s place in the civil law system of the right to remain divided on coordination, although many scholars put forward their views about the right to honors, on some issues have space to continue to explore and study. In this article, The writer intent to comb, summarize, comment on the theory, and focuses on properties of honor, on this basis, draw:right to honor does not belong to personality rights or the right to identity, but this article hold the view interest of honor is worthy of protection,and should provide relevant remedies of protection, with a view to better protect the interests of honor.This article is divided into four parts, the details are as follows:The first part is the "the theoretical property of the right to honor ", mainly on the theoretical property of the right to honor includes analysis of the meaning of honor, the nature of honor, the identity of honor and reputation, the classification of honors; comb the theoretical property of the right to honor.The second part is "at home and abroad,’honor’legislative overview", focus on summarize both at home and abroad "honor" of the status of legislation, drawn from both at home and abroad,"honor" related features of legislation, and the leads on "honor" property legislation.The third part is "the review to the’must say’about the right to honor", firstly describes relationships between personal rights and personality rights, the right to identity; secondly, analyze the insufficient of ’personality rights says’, the insufficient of’right to an identity says’and the insufficient of’dual attribute says’, draw the right to honor neither personality rights, nor does it belong to the right to identity, there are no the so-called dual attribute says exist too.The forth part is the " the support to the’negative say’", this part focus on analyze whether or not the right to honor is an independent right from the aspect of legislative history, the theoretical and practical aspects,comb the theoretical property of the right to honor, from the theoretical and practical aspects drawn honor is not a independent civil law rights, When it used as an independent civil rights will certainly go beyond the boundaries of public and private law, However, at the end, right is interest, this article does not agree to give up the protection of interest of honor, and should seek better channels to protect and relieve the honor interest. Therefore, next will argue the protection limits of the civil law and tort law is not limited to the right to honor, the honor interest should be included in it, as well as the protection and relief of the honor interest.