China’s Option For Legislative Mode Of Personality Right

Personality right constitutes a crucial part of contemporary civil law.With the further development of economics,culture,and technology and the ongoing integration of modern society,the contents and formats of interests of personality right have become more complex.The Statute Book of Civil Law of People’s Republic of China General Rules Draft proposed by the Civil Law Compilation Group and the Civil Law Commission of China Law Society has been submitted to the law committee of the National People’s Committee.Afterwards,provisions will be published in details.The first chapter puts the investigation on China’s legislation of personality right in two sections.Section one studies the basic theories of personality and personality right,courses of development of personality,from Roman Law,Modern Civil Law to Contemporary Civil Law and concepts and hallmarks of personality right.Section two makes a research on the legislative paradigm of personality right,from Draft of Great Qing Dynasties’ Civil Code in 1911,Civil Code of the Republic of China in 1930,General Principles of the Civil Law of the People’s Republic of China in 1986 to Civil Code of the People’s Republic of China published in 2002,A Propositional Version with Legislative Reasons for Civil Code Draft of China proposed by Professor LIANG Huixing,WANG Liming and XU Guodong and Civil Code of the People’s Republic of China General Principles of the Civil Law Draft lately released in December.2016.Having an overview on its development courses,the author finds that personality right is being attached increasingly much importance and stands much chance for comprehensive and systematic legislation as a crucial part in the future Civil Code.Chapter two,put in three sections,studies overseas legislative paradigm of personality right.The first section is about legislative paradigm of personality right of Continent,including France,Germany,Swiss,Ukraine and Chinese Taiwan.The second section is about that of England and the U.S.,having a research on the model cases.It comes down to section three,as the summary section,putting that China should draw lessons from other countries（regions） in the world and establish the Law of Personality Right based on our conditions.Chapter three is mainly about some arguments about whether the legislative mode of personality right should be introduced into China’s Civil Code.The view that personality right should be compiled independently supported by Professor LIANG Huixing and YIN Tian can be seen in the first section.The opposite perspective held by Professor WANG Liming and YANG Lixin will be introduced in section two and meanwhile various opinions.The author is for the independent legislation of personality right in section three and assesses the Law of Personality Right by YANG Yuxin,therefore elaborating on its views and grounds.