Civil Law Protection Of Commercialization Of Personality Righ

In today’s society,both commercial economy and network technology show a trend of rapid development.The commercialization of personality right has become one of the important trends of contemporary social development.With the increasingly prominent commercial use value and property attribute of personality right,how to protect the commercialization of personality right in China under the guidance of civil code is still a problem worthy of study.Combined with the research results and judicial practice at home and abroad,this paper will study the reasonable use system of the commercialization of personality rights,the prohibition system of infringement of personality rights and the tort damage compensation system of the commercialization of personality rights,so as to put forward constructive suggestions for the comprehensive and systematic protection of the commercialization of personality rights.The system guarantees the commercialization of personality right.The text of this paper is divided into four parts:The first part is an overview of the commercialization of personality rights and the protection of civil law.This chapter defines the concept,characteristics and right attributes of personality right,and discusses the legal protection of personality right,including the autonomy of personality interests,the principle of public order and good customs,and the prohibition of abuse of rights.Through the above analysis,this chapter expounds the appropriateness of the civil law protection of the commercialization of personality right.The second part is the current situation and existing problems of the commercialization of personality right in China’s civil law.Firstly,it expounds the historical process of the commercialization of the protection of personality rights in China from the general principles of civil law to the general provisions of civil law and then to the civil code,as well as the legislative and judicial status quo of the commercialization of personality rights in the personality rights series of the civil code.Secondly,it analyzes the problems existing in the civil law protection of the commercialization of personality rights in China.The third part is the legislative investigation and reference of the civil law protection of the commercialization of personality rights outside the territory.From the perspective of comparative law,this chapter understands and analyzes in detail the beneficial experience of foreign legislation on the commercialization protection of personality rights,and finds out the useful experience for the commercialization of personality rights in China.The fourth part is about the constructive suggestions on perfecting the commercialization of personality right in China’s civil law,mainly from the following aspects: the rational use of the commercialization of personality right,the transfer and inheritance of the commercialization of personality right,the applicable elements of the prohibition system of personality right and the compensation for the infringement of the commercialization of personality right.