Commercialization Of Personality Rights

The commercialization of personality right is an inevitable phenomenon in the era of interactive and vigorous development of socialist market economy and big data,and the law of personality right in China is also worth responding to.Although the international community has already responded to the commercialization of personality right,However,at present,our country is not perfect in the field of legislation and in the practice of trial.In the field of legislation,there is no detailed regulation on the part of property interests of the right of personality.When the moral right of personality right and the material interests attached to it are infringed,it is difficult to foresee the amount of compensation claim,and the way to seek relief is limited.In the practice of trial,the judgment made by the court is guided by the lack of clarity in the legislation.It is difficult for the obligee to obtain fair and reasonable compensation,and the infringer’s illegal cost is not high,so this kind of tort also has the living environment.In theory,the commercialization of the right of personality is still restricted by the special character of the traditional personality right,lack of complete legal protection,the deficiency of the way and strength of relief,and whether the right can be inherited or not.How much inheritance and how to use and protect after inheritance and so on a series of questions.At present,the German model and the American model are the two main trends in this field.As a civil law country,Germany has both the maturity of its legislative technology,or the judicial level and legal literacy,there is no matter how mature the legislative technology is,or whether it is the judicial level or the legal accomplishment.In the field of the right of personality,the German model pays attention to the unity of the legal system of the right of personality and preserves the economic value of the right of personality in the protection of the law of personality,thus saving the legislative resources,which is worthy of our country to learn from and draw lessons from in the field of the right of personality.It also maintains the overall stability of the legal system,but the deficiency lies in the fact that this kind of protection is inevitably not flexible enough to deal with the numerous andcomplicated new problems in practice,and ultimately depends on the discretion of the judges to directly transplant it to our country.It is difficult to ensure that the results of each case have a better social effect;Although the United States is a common law country,it attaches great importance to the right of citizen personality and pays more attention to the transaction in its legislation.Freedom is more suitable for the development of market economy.The way to commercialize personality right is to create the right to open and separate the personal right with property interests and protect it independently.The legislative cost of this kind of practice is too high and it is difficult to accord with the national conditions of our country.After making a compromise between the American model and the German model,this paper holds that the protection of the commercialization of personality rights can be scattered in other chapters of the personality law on the basis of the current tort liability law from the side regulation and protection means.Forming the mode of multi-law and multi-chapter linkage protection can not only guarantee the economic utility of some personality rights,but also maintain the stability of the whole personality right framework.Finally,in this paper,the main After comparing the two models and connecting with the reality of our country,taking the infringement cases that have already occurred in reality as an example,after referring to the various different viewpoints put forward by the academic circles,we propose to break through the exclusive character of personality rights and perfect the commercialization system of personality rights.Innovate the way of double compensation for mental damage and illegal profit,and design a specific compensation system to ensure the stability and predictability of the law.Finally,in order to ensure that the valuable resources of personality right are not wasted and protected most effectively,this paper puts forward a solution to how to inherit the right and how to protect it after it is inherited,in order to realize the strict protection of the commercialization of personality right,In order to be the commodity of personality right in our country The process of transformation helps to make legal theory and social effectiveness organic unity and common progress.