The Empirical Study On The Commercialization Of Personality Right

The economic value of personality rights has been gradually affirmed by the theory of law and protected in judicial practice,accompanied by the prosperity of market economy and the highly development of commerce.However,only make clear and definite commercialization of personality rights,improve the existing system of personality rights,and expansion of the content of personality rights in order to change from the right of defense to the right of use,can the comprehensive and powerful protection of the commercialization of personality rights be realized.This paper mainly uses the method of case study,taking the portrait as a perspective of research on personality right to commercialization,with collecting more than 100 cases.Based on statistics and analysis of the cases on the characteristics and the problems of personality rights to commercialization in the trial practice,and then put forward my own advice.In judicial practice,in the face of the fact that there are great demand for the protection of the portraits to their portraits of property interests,the court shows the trouble and confusion of compensation for mental damage or economic compensation.I think that the commercialization of personality right should be confirmed by legislation,but it should not form a separate right,but should expand under the system of personality right,confirm the property interests of personality right and increase the remedy method of economic compensation.The commercial use of the portraits of others,that is,the commercialized use of personality rights,does harm to the property interests of the personality rights,and does not involve the infringement of the spiritual interests,and the economic compensation should be given to the compensation for the liability for tort.Only when the tortfeasor has insults,vilification or do the other improper means to use personality characteristics and the mental damage to the person,it will be compensated for mental damage and return to the essence of spiritual damage compensation: the purpose of appeasing and consoling the psychological pain of the victim and mental injury.