A Study On Merchandising Of Personality Identities In Civil Law

With the development of commodity economy and the popularity of network, traditional personality right has new challenges. With the increasingly using of personality identities like names and portraits in commercial, the holders and business got many benefits, and caused a lot of economic disputes at the same time. In this paper, by discussing the meaning and the origin of the merchandising, combining with the theory of the value basis of merchandising of personality identities, based on the country’s legal status, some proposals are put forward on the build system of merchandising of personality identification in our country. This article is composed of three parts, the introduction remarks, main body and summary. The introduction part mainly introduces the background of merchandising of personality identities, domestic and foreign research present situation and the purpose of the study. Body through four parts, the first part mainly studies the development of merchandising of personality identity, concepts, the merchandising range of personality identifications as well as the theoretical basis of merchandising of personality identity; The second part from the perspective of comparative law, mainly examines the dual protection mechanism, led by the United States, as well as the monism protection mechanism, led by Germany; The third part is the analysis of the deficiency of research on the legislation and practice of the personality right system in our country; The fourth part in view of the insufficiency of our country, then proposed the concrete proposal for the construction of merchandising of personality identity protection system, in reference to foreign system at the same time, improve the existing legal system of our country.