The Protection Of Personality Right

Personality rights are the most important human rights.The more civilized the society is,the more important to protect the personality rights,and the more importance the law attaches to the protection of personality rights.Since the formulation of the "General Principles of Civil Law" in mainland China,the system of personality rights has been established.During the decades of development and evolution,the introduction of legislation and judicial interpretations of the personality right system has been continuously improved.As a result,the Chinese mainland has gradually established a system of personality rights including general personality rights and specific personality rights.However,the protection of personality rights is not a simple topic.The protection of personality rights involves areas of multiple legal and requires the use of means of multiple legal.Therefore,it is impractical to rely on civil law in isolation.This requires the public and private law.Personal rights are coordinated and protected.However,due to the boundary between public law and private law and the misunderstanding in understanding,there are many contradictions in the protection of personality rights between public law and private law in China.Therefore,resolving these inconsistencies is the most important task in the protection of personality rights.This article studies the status quo of the protection of personality rights in public law and private law in the current laws in mainland China,and establishes a set of unified,complete,and coordinated public and private law coordination and protection of personality rights as the goal,to find out the existence of violations in the law.The problems are analyzed and their causes are analyzed.Through the use of foreign experience in the protection of personality rights and using comparative research methods,they eventually put forward their own proposals in the hope of benefitting our country’s protection of personal rights.This article is divided into four parts:In the first part,I first discuss the concept of personality rights and the related concepts of public law and private law.Then,I introduce concepts such as personality,personality rights and general personality rights,and distinguish between public law and private law and delineate the scope.Later,I further made it clear that personality rights have an important position in the legal system,and it is necessary to coordinate the public law and private law to protect personal rights.Finally,I proposed that the content of public and private law coordinating the protection of personality rights is empowerment and remedy,providing research directions for the following;In the second part,I elaborated on the status quo of the protection of personality rights in public and private law in China,and carried out in-depth research on the status quo of the law,and further discovered the problem of the inharmonious protection of personality rights.Subsequently,I analyzed the causes of the problems and reached conclusions.In the third part,firstly,I enumerate the provisions on personality rights in the substantive laws of Germany,France and Switzerland.Then I collected and summarized the provisions of the civil law system and the Anglo-American law system on how to remedy personal rights that have been violated.Finally,I have conducted in-depth exploration of these legislative and practical experiences and drawn implications for our country’s coordination of public law and private law to protect the personality rights.In the fourth part,first of all,I have discussed the basic and coordinated methods of the coordination and protection of the personality rights in public law and private law at the constitutional level.What is more,I have proposed that the general personality right must become a basic constitutional right,and then through the radiation effect of the basic constitutional rights,realize the path of harmonizing the protection of personality rights,eliminating the incoordination and contradiction arising from the protection of the personality rights.In the fifth part,I will focus on the level of department of law to discuss how to solve the specific inconsistencies and contradictions among various laws.Through concrete analysis and discussion of specific department of law,I have proposed legislative proposals for improving the related systems of substantive law and procedural law.It is hoped that these proposals will improve the coordinated protection of personality rights in public law and private law.