Personality Rights Protection Limits

In recent years, the media is playing an increasingly important social supervision. By the large number of cases and the facts reported, causing public concern and thus play the role of the public power supervision. Since the "Civil Law" promulgated infringement cases in the media are focused on the protection of the rights of private citizens, but with the media tort liability of continuous exploration and practice, people are increasingly aware of the freedom of expression for the media to safeguard the public informed the right has an important role. Therefore, when the media infringing personality rights situation occurs, more is taken into account to be appropriate restrictions on the right of personality, so as to better play the supervisory role of the media.Natural contradictions exist in personal right and freedom of expression of the media.Because of personal right enshrined in the civil law and Constitution, and the rights of freedom of expression is also a fundamental right of the community in Constitution, and there is no fixed "rank" between them. This requires comprehensive consideration, which combined individual merits with relevant factors.The first chapter presents the current situation of the protection of personality rights, primarily the right to protection of personality for a number of deficiencies, including laws and regulations are not complete, and the uneven distribution of the burden of proof on the personality right of public figures do not distinguish.The second chapter introduces the basic theory of personality rights protection, including general personality and concrete personality and adopted doctrines enumerated methods to analyze the definition of related concepts. The third chapter highlights the conflicts between free expression and the personality right, analyzes the properties and the rank between them, and makes the reputation and privacy as an example, introduces the free expression violate personality rights. The fourth chapter introduces the foreign related systems and practices about the media infringe personality rights, and make Austria, Germany, the United Kingdom and the United States as examples, brief analysis the media theory infringed of personality rights in the four countries. The fifth chapter analyzes the media against the right personality to improve judicial recommendation that the judge in cases when the referee should focus on reviewing the authenticity, impartiality and comment content is directed to a specific content.The innovation of the article is that the proposed limits of protection of personal rights, which defenses against media personal rights, content is true, comment is fair and issued statements not point to a specific person, and practice it is true and constructive comments is given about the in practice.