December 28, 2019,China National People’s Congress website announced the "Civil Code of the People's Republic of China (Draft)",Openly solicit public opinions。The draft establishes a separate section on personality bet365 withdrawal,This series consists of six chapters,Specifies the general provisions of personality bet365 withdrawal and the right to life respectively、Body bet365 withdrawal、Right to health、Name bet365 withdrawal、Name bet365 withdrawal、Portrait bet365 withdrawal、Right of reputation、Honorary bet365 withdrawal、Privacy bet365 withdrawal and rules for the protection of personal information。The Civil Code of my country has a separate section on personality bet365 withdrawal,It is a major innovation in the civil code system of the civil law system represented by the French Civil Code and the German Civil Code,Reflects the development trend of continuous strengthening of the protection of personality bet365 withdrawal in modern society,Highlights the spirit of the times of the Civil Code。Personality bet365 withdrawal as a major innovation in my country’s civil code system,Not only reflected in its independent form,Also reflected in its legislative philosophy、System arrangements and systems、Rule design and many other aspects。Judging from the current draft,Although there are only 51 articles in the personality bet365 withdrawal section of my country’s Civil Code,But many of its systems and rules have distinct Chinese characteristics,Contains many Chinese elements,Reflects advanced experience in protecting personality bet365 withdrawal。
Of course,The Civil Code of my country has a separate section on personality bet365 withdrawal,It is not the product of deliberate systematic innovation by the legislative body,It is a summary of our country’s legislative and judicial practice experience since the reform and opening up。From a legislative perspective,As early as 1986,The "General Principles of Civil Law" stipulates "personal bet365 withdrawal" in the form of a special section (Chapter 5, Section 4),And specifically enumerates the specific personality bet365 withdrawal enjoyed by civil subjects,This not only provides the basis for the basic civil law in the practice of protecting personality bet365 withdrawal for more than 40 years after its promulgation,It also pioneered the positive confirmation of personality bet365 withdrawal。From a judicial perspective,Back in 2000,The "Notice of the Supreme People's Court on Issuing the Provisions on the Cause of Action for Civil Cases (Trial)" (has expired) is in the second part "Ownership、Infringement and unjust enrichment、No cause of action for management disputes” in,Just outside the "special tort dispute" cause of action,Specify "personal bet365 withdrawal disputes" as a second-level cause of action,And specifically stipulates disputes over reputation bet365 withdrawal、Name bet365 withdrawal disputes and other causes of action。This also means,In the eyes of the judicial authorities,Personal bet365 withdrawal disputes are independent of tort disputes,The rules of tort law cannot fully cover the system of personality bet365 withdrawal。Most subsequent cause of action regulations followed this approach,Regard "disputes over personality bet365 withdrawal" as an independent first-level cause of action,And stipulate all types of specific personality bet365 withdrawal disputes and general personality bet365 withdrawal disputes as independent causes of action。In terms of the number of disputes,Although the number of personality bet365 withdrawal disputes is lower than that of property bet365 withdrawal,But the complexity of the dispute、Solution difficulty, etc.,Not of course lower than property bet365 withdrawal disputes。Therefore,Civil Code separate section on personality bet365 withdrawal,The system stipulates specific rules for various personality bet365 withdrawal,It can be said to be a summary of my country’s civil legislation and judicial practice experience。
Judging from the draft civil code published by the legislative body,There are many bright spots in the provisions on personality bet365 withdrawal。
First, a relatively complete system of personality bet365 withdrawal rules has been constructed through the total score structure。No matter from the name of each chapter,Looking at the systematic arrangement of the entire personality bet365 withdrawal section,Both have obvious characteristics of total score structure。Chapter 1 “General Provisions” of the Personal bet365 withdrawal Section is the general provisions of the Personal bet365 withdrawal Section,Chapter 2 to Chapter 6 respectively stipulate various specific personality bet365 withdrawal and personal information protection rules。Compared with the fragmented protection of personality bet365 withdrawal in foreign law through tort law rules,The personality bet365 withdrawal section of my country's Civil Code constructs an institutional system of personality bet365 withdrawal based on the overall score structure,With distinctive Chinese characteristics,It is also a major innovation in the personality bet365 withdrawal series。
The second is to fully embody the Internet、Big data、Characteristics of the high-tech era。The Civil Code is an encyclopedia of social life and one of the most basic legal rules for adjusting social life,Should fully reflect the characteristics of contemporary China。Many rules in the Personality bet365 withdrawal series reflect the distinct characteristics of the times。For example,With the development of medicine and biotechnology,Human cells、Organization、Organ transplantation becomes a reality,Personality bet365 withdrawal editor specializes in human cells、Human tissue、Provisions have been made on the donation of human organs,Provides the basic legal basis for adjusting such disputes。Zaru,For pinhole cameras、Remote shooting、The intrusion of spam and other information on personal life,Personal bet365 withdrawal section specifically stipulates the right to privacy,And detailed enumeration of various ways to use modern scientific and technological means to infringe on privacy,Provides a legal basis for individuals to effectively respond to privacy threats brought about by the development of modern science and technology。
The third is to actively confirm various personality bet365 withdrawal,Enriched rules for protecting personality bet365 withdrawal。Personal bet365 withdrawal Editor’s Positive Confirmation of Various Personality bet365 withdrawal,Not only enriches the institutional content of personality bet365 withdrawal,The system that supports personality bet365 withdrawal,It also clarifies the relationship between personality bet365 withdrawal and tort liability,Further proves the necessity of an independent body of personality bet365 withdrawal law。
The fourth is to stipulate both specific personality bet365 withdrawal and general personality bet365 withdrawal at the same time,Coordinates the relationship between the statutory nature and openness of personality bet365 withdrawal。Paragraph 1 of Article 990 of the draft stipulates various specific personality bet365 withdrawal enjoyed by civil subjects,And judging from the provisions of the personality bet365 withdrawal section of the Civil Code,Except Chapter 1 "General Provisions",Chapter 2 to Chapter 6 respectively stipulate the rules for specific personality bet365 withdrawal,This is obviously a legislative model that adheres to the legal doctrine of personality bet365 withdrawal。At the same time,Paragraph 2 of Article 990 of the draft stipulates the general personality bet365 withdrawal enjoyed by natural persons。The draft stipulates both specific personality bet365 withdrawal and general personality bet365 withdrawal in the personality bet365 withdrawal section,Properly coordinates the relationship between the certainty and openness of personality bet365 withdrawal。
Fifth, the system stipulates the personality benefit licensing system。Specifically: One,Delimits the scope of permissible personal interests;Part 2,Specifies the rules for interpretation of personality interest licensing contracts;Third,Stipulates the rules for the termination of personality interest licensing contracts。System construction of personality benefit licensing system,On the one hand, it enriches the connotation and effectiveness of personality bet365 withdrawal,Highlights the subjective bet365 withdrawal attribute of personality bet365 withdrawal;On the other hand,It is also conducive to protecting personal dignity。
Sixth, pay attention to the prevention in advance of infringement of personality bet365 withdrawal。Personality bet365 withdrawal are different from property bet365 withdrawal,Once the damaging consequences of infringement of personality bet365 withdrawal occur,That is, it is difficult to restore the original state,The consequences of damage are often irreversible,Therefore,In protecting personality bet365 withdrawal, we should also focus on relieving the damaging consequences of infringement of personality bet365 withdrawal,We should pay more attention to the prevention of infringement of personality bet365 withdrawal in advance。Judging from the provisions of the personality bet365 withdrawal section of the draft,Many rules such as the right to request personality bet365 withdrawal、Injunction system that infringes on personality bet365 withdrawal, etc.,All embody the concept of preventing in advance violations of personality bet365 withdrawal。
Seventh, actively sum up judicial practice experience,Relevant rules established。Judging from the provisions of the personality bet365 withdrawal section of the draft,It not only conforms to the development trend of the personality bet365 withdrawal system,Provides many new systems and rules,And also actively summarize judicial practice experience,Demands for judicial practice,Specifies some rules for the protection of personality bet365 withdrawal,Such as the rules for the protection of the personality interests of the deceased、Rules for compensation for mental damages due to breach of contract、Rules for identification of reputational infringement, etc.。These regulations will provide the basic legal basis for resolving relevant disputes in judicial practice。
(Author’s affiliation: Law School of Central University of Finance and Economics)