The Right Legal Protection Research

Commodity economy relations is the main object of adjustment of civil law, since entering the 21 st century, the relationship has made great development. Represented by information technology and property of intangible goods, consumer goods, means of production and property of tangible goods, and everything can be represented as a property of the material or immaterial objects are within the scope of the market, with the deepening of commercialization, the continuous extension of property rights. Business credit right and identification mark right and right, there is a big difference between creative achievements but correlation, constitute an important part of the intangible property right system. In the process of intangible property development, the role of the right is more and more big, and attracting widespread attention, legal science and economic academic circles has given high recognition.The first part is an overview of goodwill, and thus to identify the legal attribute of the right. The right of goodwill theory starting point can start from the nature of the right to identify and analysis. It first discusses the connotation and characteristics of goodwill;Then do to the analysis of the legal significance of contrast; The lower part focus on the category of goodwill, the legal nature of the ownership of intellectual property rights, the upper part is the lower part of the legal protection of necessary conditions.Structure of the article is divided into four levels, each structure level the effect is as follows.The second part is analysis of infringes upon the right behavior. From the view of the model of violation of the right of goodwill infringement behavior analysis, focus on the value of goodwill to denigrate, property losses, desalination of goodwill, such as fake infringes upon the right behavior.The third part is the comparison and analysis of protection the right of reputation at home and abroad. This part mainly compares the Britain, the United States, France, the civil law countries and international conventions, mainly from the scope of protection and legal protection. Respectively on the right are analyzed on emphasis the merit and defect of legislative protection, the protection provided for our country to the right legislation,reference.The fourth part is the present goodwill protection related discussion more and more,but still can’t find the legal ownership for it. Some scholars pointed out that in goodwill protection is indirect methods used by our country law is that sprinkled the related laws and regulations, but has not yet formed a unified standard. Legislation and theory of many deficiencies, for example, a walk on the road was b played a slap in the face, a hurt. As thechange of the attacker, victims are violations of the rights is different, played a if b, then violated his right to health, and if it is because of jealousy hit armour, damage to the reputation of the assault. Therefore, if a did not see what is in the process of black-and-blue who beat him, so can’t clear what rights have been violated. This also applies to corporate reputation, if the unknown natural person or the enterprise managers to its goodwill caused by the infringement, is unable to accurately determine what their own reputation or goodwill right is violated, that is to say, the identity of the offender directly determines the nature of the rights of the victim. China’s current implementation of the law for the right of goodwill assault enterprise insufficient protection, from a practical perspective of sporadic legal system is unfavorable to court and infringement of rights maintenance and claim.This article first to define the right, further to protect its problems began to research, and provide some insufficient for some perfect Suggestions.