Research On The Application Of The Provisions On The Protection Of Portrait Right In The《Civil Code》

According to the traditional civil law theory in China,portrait right is a kind of personal freedom right,which reflects a spiritual right rather than a material one.Under the conditions of socialist market economy with Chinese characteristics in the new era,portrait right has great economic benefits and portrait right has certain economic significance.Portrait commercialization has been a common phenomenon,portrait rights from passive defense against infringement to the direction of active use.In recent years,due to the emergence of many cases of abuse of portrait rights in China,thus causing an increasing number of disputes over rights,despite the protection of portrait rights,but the court ruling basis,standards and so on are not the same,which led to confusion in the legal protection of personality rights and property rights,and make the interests of portrait rights holders difficult to obtain comprehensive protection.When the Civil Code comes into force in 2021,a new legal regulation will be made for the protection of portrait rights.In the environment of the development of media technology,there are legal issues of infringement of portrait rights,from the legislative point of view,it is only an "alienation" and "expansion" of the portrait rights in the field of information,in essence,we still have to deal with The "traditional" problem.In the determination of portrait infringement in the application of the traditional elements of infringement,due to its own characteristics,it is necessary to make the elements of infringement and the specific provisions of the specific provisions of infringement,the identification of different ways of infringement,as well as the choice between the interests of the individual and the interests of society to define the urgent need for more detailed provisions of the law to protect the unity of judicial practice.This paper discusses and analyzes the meaning and characteristics of portrait right and the historical evolution of portrait right protection based on the latest provisions of the Civil Code,and discusses the changes and latest guidelines of portrait right protection regulation in the era of the Civil Code in conjunction with the ways and modes of portrait right protection at home and abroad.Again,we will analyze the controversial issues of portrait right infringement,including the problem of over-expansion of the scope of portrait right protection,the controversial issue of deleting "for profit",the problem of defining portrait right infringement,the problem of compensation after infringement,and finally,we will put forward implementable,easy-to-implement,and targeted opinions and suggestions on the issues of portrait right protection in the Civil Code.Finally,we will put forward suggestions and recommendations for the protection of portrait rights in the Civil Code,and look forward to the development,so as to realize the all-round protection of portrait subjects.