Of course，my country's Civil Code Single Personality Editor，It is not a product of the system innovation of the legislature intention，Instead of summarizing the experience of legislation and judicial practice since the reform and opening up of my country。From the legislative level，As early as 1986，The General Principles of the Civil Law stipulates "personal rights"，and specifically listed the specific personality rights enjoyed by the civil subject，This provides the basis of the civilian law level of civilian law for more than 40 years after the awarding for more than 40 years.，It also created a pioneer of positive rights to personality rights。From the judicial level，As early as 2000，The Supreme People's Court "Notice on Printing and Distributing the" Civil Case Case (Trial) "(Trial)" (failure) in the second part "ownership、Infringement and improper gain、There is no cause of management dispute cases "，In addition to the case of "special infringement dispute"，Specifies "personal rights disputes" separately as the second case of the second case，and specifically stipulate the dispute of reputation right、Disputes of name rights and other cases.。This also means，From the perspective of the judicial authority，Personal rights disputes independent of infringement disputes，The rules of infringement cannot completely cover the personality rights system。After the case, most of the specifications follow this practice，"Personal rights dispute" as an independent first -level case，And use all kinds of specific personality Bet365 app download rights disputes and general personality disputes as independent cases.。In terms of the number of disputes，The number of personality disputes although the number of personality rights is lower than the property rights dispute，But the complexity of its dispute、Difficulty, etc.，It is not of course lower than the property right dispute。Therefore，Civil Law Code Single Personality Editor，The system specifies the specific rules of various personality rights，It can be said that it is a summary of the experience of civil legislation and judicial practice in my country。

 

Judging from the draft of the Civil Code published by the legislature，There are many highlights in the requirements of personality editing。

 

First, a relatively complete personality rights rule system was constructed through the total score structure。Whether it is the name of each chapter，The system arrangement of the entire personality editor of personality，All have the characteristics of obvious total score structure。The first chapter of the personality editor of personality rights "general regulations" is the general rule of personality editing，Chapter 2 to the 6 of the 6th stipulates the specific personality rights and personal information protection rules。Compared with the method of fragmented protection of personality rights with the rules of infringement through the rules of infringement，The personality of the personality rights of the Chinese Civil Code to build a personality right in accordance with the general score structure，With distinctive Chinese characteristics，It is also a major innovation of personality rights。

 

Second, fully reflect the Internet、Big Data、bet365 Play online games Features of the high -tech era。Civil Code as one of the most basic legal rules of social life and the most basic legal rules for adjusting social life，It should fully reflect the characteristics of the times of contemporary China。Many rules of personal rights edit reflect the distinctive times。For example，With the development of medicine and biotechnology，Human cells、Organization、Organ transplantation becomes reality，Personal rights editing specifically for human cells、human tissue、The issue of donation of human organs has provided regulations，It provides basic legal basis for adjusting such disputes。Another example，For pinhole camera、Remote shooting、Junk information, etc. of the invasion of personal private life，Personal rights editing specifically stipulate privacy，and the various ways to use modern science and technology means to infringe privacy in the way of privacy，It provides a legal basis for the privacy threat brought by the effectiveness of the development of modern science and technology。

 

Third is to actively confirm the right of personality，Enriched the Rules of Personal Rights Protection。Personal rights editors to the positive right of various personality rights，Not only enriches the system content of personality rights，The system that supports personality rights，and also clarified the relationship between personality editors and infringement liability editors，Further proved the necessity of the independence of the personality right。

 

Fourth, specify specific personality rights and general personality rights at the same time，Coordinating the relationship between the statutory and openness of personality rights。Bet365 lotto review Article 990, paragraph 1, paragraph 1 of the draft, stipulates the specific personality rights enjoyed by the civil subject，and from the regulations of the personality of the Civil Code，Except Chapter 1 "General Regulations"，Chapter 2 to 6 of the Rules of the specific personality rights, respectively，This obviously adheres to the legislative mode of legal rights legalism。At the same time，Article 990, paragraph 2, paragraph 2 of the draft provides regulations on the general personality rights enjoyed by natural people。Draft part of the personality rights stipulates specific personality rights and general personality rights，properly coordinated the relationship between statutory and openness of personality rights。

 

Five is the system that stipulates the personality and interest license use system。Specifically: one，Defined scope of permitted personality and interests;，The rules of interpretation of the contract using the personality of the person's interests are stipulated; the third，Standardized the rules of the use of the contract with the person's interest permit。System Construction of Personal Interest Permitting System，On the one hand, it enriches the connotation and effectiveness of personality rights，shows the subjective right attributes of personality rights; on the other hand，It is also conducive to ensuring personal dignity。

 

Six is ​​to pay attention to the pre -prevention of infringing the right to infringe on human rights。Personality rights are different from property rights，The consequences of the damage to infringement of human rights once occurred，bet365 best casino games It is difficult to restore the original state，The consequences of the damage often have irreversible，Therefore，Protecting personality rights should pay attention to the consequences of the damage of infringement of human rights，It should pay more attention to the pre -prevention of infringement of people's rights in advance。From the provisions of the personality of the draft，Many rules such as personality right request rights、A ban system for infringing human rights rights，All reflects the concept of premium prevention of infringing people's rights。

 

Seven is actively summarizing judicial practice experience，Establish relevant rules。From the provisions of the personality of the draft，It not only follows the development trend of the personality rights system，It specifies many new systems and rules，and also actively summarize the experience of judicial practice，Demand for judicial practice，Standards some personal rights protection rules，If the personality of the deceased's personality and interest protection rules、Rules for compensation for mental damage in default、The rules of identification of reputation rights infringement。These regulations will provide basic legal followers for resolving related disputes in judicial practice。

 

(Author Unit: School of Law School of Central University of Finance and Economics)