Judicial Recognition And Protection Of New Personality Rights And Interests

In recent decades,with the rapid development of China’s society,people’s living standards are improving day by day,people’s attention to self and personality is also increasing,and a variety of new personality interests emerge in an endless stream.A series of typical cases appeared in judicial practice,which led to the intense discussion and Research on the new personality rights and interests in the theoretical and judicial circles,and triggered a series of thoughts,such as the dispute on the connotation of the new personality rights and interests,the dispute on the judicial confirmation of the new personality rights and interests,and the dispute on the legal protection mode of the new personality rights and interests.Corresponding to the above disputes,there are three issues in this paper.First,what is the connotation of new personality rights and interests? Second,how to judge the new personality rights and interests? Third,how to better protect the new personality rights and interests? The innovation of this paper lies in the analysis and solution of the above problems respectively,and on the basis of absorbing the achievements and experience of predecessors,it puts forward its own opinions.In this paper,the connotation of new personality rights and interests is defined as: new personality rights and interests are emerging in the social development,which are not familiar to people and often named as rights.The so-called new interest refers to the interest demands that are not regulated by the existing laws,which are new and unknown with the development of society and belong to the category of new interest.However,when these rights and interests are gradually known by the public,even after being proved and adopted by legislation,and become legal rights,they will no longer belong to the category of new rights and interests.Therefore,the new personality rights and interests is a concept of historical category,its extension will change with the development of society.There is a possibility that the demands of new personality interests included in the connotation of new personality interests will rise to rights after argument,and more new personality interests can only be treated as one kind of interests.The elements of judicial cognizance include three aspects: legal interest of personality,necessity of protection and relative independence.The ways of judicial cognizance include legal specific personality right,general personality right and independent new personality right.Based on the discussion of the current legal protection,this paper puts forward some suggestions on the legal protection of the new personality rights and interests from the perspective of the dual system of the right to claim for personality and the right to claim for tort.