Research On The Legal Protection Of Commercial Rights And Interests Of Personality Right

Under the traditional civil law theory system,the right of personality has its own property and non-property.On the one hand,the right of personality is the right of the main rights,can not be transferred,abandoned and inherited.On the other hand,the personality rights of the spirit of the interests of the object,does not contain property interests.But in the modern society,with the rapid development of science and technology,the development of advertising media and the high prosperity of market economy,the right of personality breaks through the boundary of traditional theory and begins to have more property value.The commercialization of personality right appears frequently.The main purpose of our study is to continuously enrich the connotation of personality rights,establish and improve the commercialization of personality rights in China’s legal protection system.The commercial value protection of commercialization of personality right can give full play to the commercial value of personality right,not only protect the personal right of citizens,but also regulate the market order,so as to better promote the development of our socialist market economy.In the context of civil law,the author first introduces the typical commercialization of personality right,and then analyzes the phenomenon of commercialization of personality right and the legal issues involved,which leads to the research purpose and significance.Secondly,the study of the connotation and nature of the commercialization of personality right and other related legal theory,lay a certain theoretical basis.Thirdly,this paper analyzes the protection model of commercialization of personality right in different countries of the two legal systems,and summarizes and contrasts them,and seeks to construct the legal protection system of commercialization of personality rights in China.Then,from the perspective of personality law,copyright law,trademark law,tort law and other aspects of the protection of commercialization of personality rights of the path,analysis of the current legal protection of the right to commercialization of personality rights and the protection of commercialization of personality rights exist in China defect.Finally,according to the problems of the commercialization of personality right in China,the author puts forward some suggestions on how to perfect the protection system of civil right of commercialization of personality rights in China from the following principles: the limitation of legal protection,the construction of specific system and the way of remedy;The Civil Law Protection System of Commercialization of Personality Right in China.With the development of market economy,the property right of personality right is becoming more and more obvious.The traditional civil law theory can not meet people’s need of protecting interests.Therefore,recognizing the property value of personality right,clarifying the relevant legal theory of commercialization of personality right,constructing and perfecting the civil law protection system of commercialization of personality right can fill the gaps in law,enrich the content of personality law and civil law system,Has very important theoretical value and practical guidance significance.