Study On Civil Law Protection Of Property Benefits Of Personality Rights

As modern science and network technology develop,traditional civil law theories can no longer meet the needs for comprehensive protection of personality rights.For example,some personality elements such as name,portrait,name,voice and other personality rights objects can be commercially used through advertising,publicity and endorsement,which contains huge economic benefits,and the concept and theory of personality rights and property interests have been widely recognized.In reality,the fierce competition in the inter-industry market has prompted many businesses to apply these personality elements such as the names and portraits of some celebrities and public figures to commercial marketing,which makes the property interests of personality rights constantly appear.At the same time,in China’s judicial practice,there have also been more and more dispute cases related to the protection of personality rights and property interests.In the course of hearing many cases,the court also recognized the value of the commercial use of personality elements and awarded corresponding compensation for the loss suffered by the property interests of the personality rights.In April 2022,the Supreme People’s Court released typical civil cases on the judicial protection of personality rights,In some typical cases,personal rights and property interests are recognized.The Civil Code recognizes the property interests of personality rights at the level of the permitted use of personality elements,that is,personality rights property interests are the benefits brought by personality elements that can be used commercially.At present,the academic community generally believes that the property interests of personality rights have certain particularities,which are different from general property rights,it is not an independent property right,and its emergence must be dependent on personality rights,and cannot exist separately from personality rights.The Civil Code clarifies the model of "unitary protection",that is,the unified protection model for the spiritual and property interests of civil rights holders within the framework of personality rights.Property interests in personality rights relate to human dignity and personal freedom,and their status is superior to property rights in general.Based on the particularity of personality rights property interests,from the perspective of civil law protection,the relevant legal theories and institutional systems are not sound enough,the development of China’s personality rights property interest protection theory is still in the initial stage,and the concept of personality interests and personality rights property interests is currently at the level of academic theoretical discussion.The measures for protecting personality rights and property interests are not perfect,and are not compatible with the development of the Internet and the information age at this stage.Starting from the theoretical basis of personality rights and property interests at this stage and the analysis of their protection status,this paper focuses on the concept of personality rights and personality rights property interests,the unique nature of personality rights property interests different from general property rights,the theoretical basis for the emergence of personality rights property interests,the role of personality rights claims on personality rights property interests different from the protection of infringement claims,the unitary protection model of personality rights property interests,the theory and rules that personality rights property interests are protected in conflict with other rights,The legislative protection and judicial protection of personality rights and property interests comprehensively demonstrate the theoretical basis and protection status of the protection of personality rights and property interests.Secondly,by analyzing the rules of the Civil Code on the permitted use of personality elements,the protection of property interests of personality rights of special subjects,the extended protection of personality interests,the liability for infringement of property interests of personality rights,the prohibition of personality rights behavior,and the restriction of the use of personality rights,the practical problems existing in the protection of property interests of personality rights are studied and analyzed.In view of the theoretical discussion and the existing problems in the civil law protection of personality rights and property interests,this paper analyzes and examines the theories of the protection model of personality rights and property interests,the rules on specific personality rights claims,the inheritance of property interests of the deceased’s personality rights,the rules on the term of protection and commercial utilization,the rules on the restriction of portrait rights in specific public environments and books and magazines,the rules on "compensation for proposed authorization money",the rules on punishment measures for nuisance prohibitions,and the "commercial image rights" in Germany,the United States,Japan and other countries The rules on the scope of protection and the rules on the scope of compensation for moral damage can be used as a reference for China.Finally,aiming at the problems existing in the civil law protection of personality rights and property interests,it is proposed to improve the specific licensing contract rules of personality elements,formulate the protection rules of personality rights and property interests of special subjects,improve the protection of the deceased’s personality interests,inheritance and commercial use of personality elements rules,There are six concepts of optimizing the compensation liability rules for property interests infringing personality rights,improving the prohibition rules for infringing personality rights,and refining the rules for the reasonable use of personality interests.