The Legal Application Of Tort Liability Of Personality Right Under The Background Of Civil Code

One of the most important innovations of the Civil Code is the compilation of personality right.The compilation of personality right is mainly the basic stipulation of the content of personality right and the central bundle of personality right.It also completes the systematization of personality right in form.However,in view of the preliminary construction of the new system of personality right,how to operate and refine it in legal practice is still to be verified and solved,especially for the problem of legal application of personality right under the same tort fact.In the system of the Civil Code,the legal norms related to the right of personality are mainly concentrated in the general provisions,the right of personality and the tort liability.By analyzing the provisions of the legal liability for infringement of the right of personality in the above articles,it can be found that in the aspect of the law application of the tort liability of the right of personality,There are some problems,such as unclear sequence of law application,strong complexity and difficulty in determining responsibility,which are caused by insufficient legislative technology and system.The specific manifestations are insufficient density of legal specification of personality right,unclear basic boundary of claim right of personality right,poor correlation in specific application of personality right,difficult to identify the situation of rational use of personality right,etc.Besides the provisions of the legal system,the fragmentation of legal thinking,the arbitrariness of legal interpretation and the one-sidedness of judicial judgment have adverse effects on the legal recognition of the tort liability of personality right.In view of the above difficulties,this paper,from the perspective of scientificity and systematization of legislation,strives to enhance the density of legal norms of personality right compilation,strengthen the supporting and supplementary application function of general provisions compilation,promote the joint application of legal norms of personality right compilation and tort liability compilation,and uses a typified way to clarify the problems existing in the individual application of personality right and the situation of rational use of embodied personality right.In addition,it is necessary to establish systematic thinking of legal application,follow the principle of good faith interpretation of existing legal provisions,strengthen the cohesion of the application of legal norms of personality right in judicial adjudication,enhance the unity of legal application and consistency of judgment,so as to practice the legislative spirit of personality right protection,and really promote the realization of substantive justice of personality right protection in judicial adjudication.