On The Civil Law Protection Of Voice

Nowadays,the world is in the era of high-speed development of science and technology.The development of science and technology has facilitated our work and life,but also challenges the protection of the rights of personality,as does the protection of voice interests.The view that the interest of voice,deserves to be protected as a personal interest,has been unanimously affirmed by the academic circles at home and abroad.However,there are also various theories on how to protect voices in China.Some scholars advocate expanding the right of portrait to protect voices indirectly.Some advocate publicizing the interests of voices,and some other scholars also have different opinions on the right of voice protection,for example,the Theory of Portrait Voice Right,the Theory of Voice Language Right,the Theory of Image Right and the Theory of Voice Independence.This paper makes a comparative analysis of how Foreign Law protects the voice in civil law,uses its advantages for reference,to analyze its feasibility in China,and then analyzes the advantages and disadvantages of domestic theories by the empirical analysis.Based on the comprehensive analysis of legislation and research at home and abroad,it is concluded that protecting the voice as an independent right of personality is the most reasonable way.However,the right of voice can be turned into an independent right of personality in our country,which needs further proof.On the one hand,the voice right has the personality ethics,the Human Rights,the voice element immanence,which proves that the voice right has the possibility of generation.On the other hand,through the manifestation of the right of voice can be clearly recognized,the development of science and technology leads to the change of life style,the demand for the independence of the right of voice is raised,the interest of the right of voice is infringed to a great extent,and the independence of the right of voice accords with the type development of the right of personality,which proves the necessity of the right of voice.Through the analysis and demonstration,we can conclude that the voice right is the best way to protect the right of voice and indeed can be empowered.First of all,the right of voice is a personal right,which is exclusive.As a symbol,the right of personality embodies not only the interests of personality but also the interests of property,and the commercial use of property interests also embody the dominance of the right of voice.The subject of the voice right is a natural person.The dead and legal persons are not the subject of the voice right.The deaf-mute is also a natural person,whose ability to exercise the right of voice is limited but has the right.The subject of the right of voice should not be limited to "celebrities" and other public figures,and the common subject of the voice is also worth studying..The object of the personality right is the element of personality,and the object of the voice right is the voice.The content of the voice right includes the exclusive right to record the voice,the exclusive right to use the voice and the right holder of the voice have the right to request the remedy of the right of personality when the right to voice is infringed or threatened.However,the exclusive right to use the right of voice should be restricted by the principles of public order and good custom,the principle of personal autonomy,the principle of balance of interests,and the protection of the right of voice should be restricted by the reasonable use.When there is the possibility of impairing or impairing the voice right,the right of personality claim can be chosen to restore the voice right.Violations of the right to a voice are,for the most part,widespread social activities in everyday life,which do not carry inherent risks and usually do not entail them.Therefore,the liability principle adopts the fault principle.When the tortfeasor intentionally or negligently causes the actual damage,the tortfeasor can claim the right of tort according to the Law of Tort Liability.The ways of assuming responsibility for infringement of the voice right include stopping infringement,removing obstruction,eliminating danger,restoring the status quo ante,making amends and compensation for infringement damage.Because the voice right contains the spiritual interest and the property interest,there will be different emphasis on the property damage compensation and the spiritual damage compensation for the different interests.