Research On The Norms Of “Reference Application” In The Licensing Of Personality Right

With the continuous development of social life,the property interests contained in personality rights have become increasingly prominent.Such property interests are used in a manner authorized to use by others,which can bring economic benefits to the personality rights holders.The configuration of the “refer to applicable” norms in the use of personality rights allows the relevant provisions of portrait licenses to be used for other personality rights,which not only makes the legislation simple and efficient,but also achieves comprehensive protection of the use of personality rights.The "reference application" normative configuration in the use of personality rights has a sufficient jurisprudential basis and an important value position.It avoids the complexity of legislation and fills loopholes in the law on the basis of the pursuit of fairness and justice;as a reference law," The essence of the " reference to application "specification is the application of analogy explicitly prescribed by law,in order to prevent the proliferation of analogy application;the configuration of the " reference to application " specification allows the rules for the use of portraits as general guidelines,establishing the protection of portrait rights.Paradigm Status in Personality Protection.The essence of the " reference to apply " norm in the use of personality rights is civil applicability.The condition for reference to apply is that the pending case has a high degree of similarity in terms of legal facts,legal effects or legislative value orientation with the norm to be referred to;The law expressly stipulates that such reference application is clear and at the same time general.Judicial adjudicators should apply the dynamic reference application along with the abolition of the reform and reference to the applicable norms.The applicable subject of the " reference applicable " norm in the use of personality right is mainly a civil judge,but the " reference applicable "norm also plays an important guiding role in permitting civil subjects to use their personality right;in the permitted use of personality right," The reference object shall be the spiritual personality right,which is characterized by the separability of the right of use;the intended application of the reference is mainly the oblique protection of the licensor.For example,the interpretation of the disputed clauses in the license contractshould be beneficial to the licensor,The license contract can be cancelled at any time when the licensor has a valid reason.