Reflection on Personality Right Based on Civil Law
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DOI: 10.23977/IEMESSC2023.017
Corresponding Author
Rong Qin
ABSTRACT
With the deepening of the concept of human rights and the emergence of infringement of personality rights, it is imperative to strengthen the protection of personality rights. In order to protect the right of personality and alleviate the complexity of society, the scope and legal boundary of personality should be clearly defined in advance, so that the right of personality can be confirmed. The independent system arrangement not only highlights the special concern for personal dignity in China's Civil Code in form, but also provides a broader normative construction space for the protection of personal rights. This paper discusses several basic theoretical issues of civil law from the aspects of the legal concept of personality right, equality of personality, the unity of private law protection and public law protection, etc. This paper expounds the significance of the independent compilation of personality right in the Civil Code, and probes into the problems that need to be solved in China's Civil Code based on personality right.
KEYWORDS
Civil code, Personality right, Independent compilation