A Research On The Legal Protection Of Personhood Property

With the continuous development of our country economic society and the advancement of civilization,people are increasingly valued for their own spiritual interests.Personhood property began to walk into people's horizons.Personhood property as a kind of difference in the general content of the special material,its economic benefits as well as setting a certain personality factor,carrying a certain personality interests.Based on Personhood property of legal protection as the research object,from two aspects of legal theory and legal practice,analyzes the related theory of personality and the personality of legal protection in our country concrete Suggestions are put forward.In this paper,a total of five chapters.The first chapter is introduction,this chapter is mainly on the content and structure of the paper have the effect of a blanket,mainly including problem,literature review,research methods and contents are put forward.The second chapter is to establish the personality,the necessity of legal protection of analysis.This chapter content from the needs of the development of society and personhood property itself contains the legal value of the two aspects.The third chapter is a basic theory of personality.Roughly discussed in this chapter the concept of personality,personality and other approximate contrast,the personality of the concept of the nature of the problems.The fourth chapter is the personality of typed analysis,the author in this chapter,the Personhood property is mainly divided into Personhood property related to the relationship between identity and other types of personality.Combined with the social hot spots,of frozen embryos and have the personality interest of the legal status of network virtual property theory.The fifth chapter is about Suggestions of perfecting our country's personality content of legal protection.Depends in this chapter,the author combined with the former scholars,the concept of typed analysis basic principle,puts forward concrete Suggestions on legal protection of personality in our country:first,clear identification standard of personality.Second,establishing the personality content system of legal protection.Due to personality content has the dual nature of unity of personality and property interests,so the law should give the dual protection of content of property and personality,personality,the author proposed "coordinated protection+special rules" personality of legal protection system.Third,perfect the personality right law on protection of the personality,the personality content compared with ordinary content must set up the legal protection.Fourth,perfect the civil law protection of personality.In this section,the author mainly discusses the personality content does not apply to bona fide acquisition,personality content the special rules of inheritance.Fifth,improve the tort liability law depends on the infringer's relief.First of all,the author suggested that clear the infringer standard of essential meaning,can be specified in the tort liability act of infringement of personality responsibility constitutive requirements.Secondly,a clear personality of tort liability.In addition to the above Suggestions,the author also relief necessary restrictions of personality and personhood property should be given special protection in the enforcement problems were expounded.