| At present,more and more studies have been made on the legal attributes of the right of personal information,especially since the general principles of civil law have been passed,and the protection of personal information has been clarified,so the study of the legal property of personal information rights is the prerequisite for the formulation of laws and regulations.This article will take the legal attribute of the right of personal information as the angle of view,through combing and examining the legal attribute of the right of personal information at home and abroad,and then evaluating different theories and getting enlightenment,in order to clarify the legal attribute of the right of personal information in our country,and identify the right of personal information as a specific personality right.This thesis is divided into three chapters to analyze its legal attributes.First,there are many theories in the theoretical circle.There are two views on the right to personality and the right to property.From the point of view of personality right,there are mainly the general personality right,the specific personality right and the right to privacy.The theory of property right is divided into two kinds of personal information and property right and personal information.The views of different theories in China are combed and evaluated.Second,study the theory of the legal attribute of the right of personal information,mainly inspect the German law,the Japanese law,the EU law and the United States law,and extract the extraterritorial law on the identification of the legal property of the right of personal information,so as to be a reference.Third,through combing the different theories in China and studying the theory of extraterritorial law,the object of the study is properly analyzed,and it is considered as a civil right.The right of personal information is related to the right to privacy,but it is distinctions.It is different from the property right,and it should be a specific personality right with specific personality interests. |
