The Public Law Protection Of The Right Of Personality

The establishment of the system of personality right has gone through a long process.From the beginning of exploration,confirmation to protection,especially in modern times,the protection of personality right has been protected by means of law.The whole process has gone through a long time.So far,the protection of personality right has become the vast majority of countries and regions in the world.Consensus and universal practice.Similarly,the personality right law plays an extremely important role in the modern society under the rule of law in China.The personality right maintains the social value and the value of the human being as the main body of the society.From the content of the personality right,it protects the freedom,dignity and security of human beings,and promotes the social progress,the society is more civilized and harmonious,and the society is more civilized and harmonious.The family is more stable and United.Since the modern times,especially since twenty-first Century,the development of all aspects of society has changed rapidly,and the development of economy,culture,science and technology and ecology in the human society is almost daily change.Similarly,new and higher requirements have been put forward to the cognition and protection of the right to personality.The protection system of the right of personality is composed of public law and private law.The time endows a new rich content and extension of the right of personality.It also challenges the design of the legal system of modern personality right and the protection of the legal protection of the right of personality.In response to the challenges faced by the legal protection of personality rights,we should start with the value orientation,mode selection and structure content of the protection of personality rights,construct a set of legal protection system of personality right in accordance with the reality of our country,accelerate the modernization of the civil law system in China,and promote the development and perfection of China's special socialist rule of law system.The protection of the right of personality includes two layers of protection of private law and public law.The protection of personality right in private law has been perfected.This paper focuses on the embodiment of personality right in public law,the problems of public law on the protection of citizen's personality right and the improvement of suggestions.The full text is divided into four parts.The first part is the understanding of the right of personality and the analysis of the necessity of the protection of the right of personality in public law.The article first expounds the origin of personality and the meaning of personality right,so that we have a certain understanding of the nature of personality right,so as to conclude that personality right is enjoyed by legal subjects according to law,derived from the essence of human beings and material living conditions of personality.And a conclusion of the civil rights embodied in the personality relationship confirmed by the law,the personality right is the object of the subject's own and personal interests,and it can not be separated from it.Secondly,the necessity and requirement of the protection of public law are analyzed.Although the provisions of private law on personality rights are relatively complete,the infringement of civil personality rights in the real society also comes from public power,and the damage caused is likely to be greater than the damage between equal subjects.Traditional public law culture and other reasons hinder the protection of civil rights,coupled with private law to the public power caused by the lack of protection of civil rights damage,and further promote the civil rights of personality.The second part of the article simply expounds the relationship between public law protection and private law protection.The protection of personality rights depends on the joint completion of public law and private law,and the two are complementary relations.In this chapter,the division and difference between the protection of public law and private law are briefly expounded,and the principle of personal rights protection is discussed.The protection of personal rights is mainly based on private law protection.At the same time,public law and private law need to be protected together to further improve the personal rights protection system.Finally,it discusses the significance of the protection of personality rights.The fundamental purpose of the establishment of public law is to ensure the freedom of the private domain by restricting public power.Therefore,the realization of private law autonomy is the ultimate goal of public law.Through the improvement of the system of public law protection of personality rights,the scope of protection of personality rights is clearly defined,and the boundary for the exercise of government power is demarcated,so that citizens 'freedom in the private sphere is finally realized.The third part of the thesis is to discuss the current situation and existing problems of public law protection of personality right in China.The main problems lie in the imperfect constitutional rights remedy mechanism,the mental compensation system is not perfect and the concept of personality right is Dan Bosan.With the development of the economy,the increase of social problems and the emergence of some new phenomena,the protection of public law has weakened the protection of citizen's personality right.For example,the violation of citizen's personality right may come from the "non power act" which the state uses the means of private law instead of the traditional public law,and the private law is not able to remedy this kind of behavior.After the public power has violated the right of citizen's personality,if there is no good compensation procedure,the damage to citizens is worse.There is a loophole in the current legislation in China,which is an obstacle to the perfection of the citizen's personality right protection system.The last part puts forward some suggestions for these problems.The improvement suggestions are mainly from the four aspects of perfecting the constitutional rights litigation system,the compensation system of spiritual damage in the criminal incidental civil action,the mental damage compensation system of the state compensation and the promotion of the concept of the public law personality right.The right of personality is one of the basic rights of the constitution,but because of the lack of constitutional litigation system in our country,once the protection of the right of personality is omitted in the department law,the constitutional rights of citizens are not protected.Therefore,the establishment of the constitutional litigation system is imperative.Secondly,the system of compensation for damages should also adapt to the development of society.Mental loss is the important part of the protection of citizen's personality right.Thirdly,the scope of compensation for mental damage in state compensation should also be properly expanded.China has long implemented a highly centralized administrative system,making it the place where the administrative department is the most vulnerable to the personality of the citizens.If the imputation mechanism of the personality right is not perfected,and it is not necessary to strengthen the supervision of the public power by all sides of the society,it is of no avail to have a good protection mechanism of personality right.At the same time,it is not only a private obligation to make the whole society to respect the citizen's right of personality,but also the responsibility of public power,so that the idea of respecting and protecting the right of personality is deeply rooted in the hearts of the people.