一般人格权之诉权保护.pdfVIP

Abstract With constantly enrichment and perfect of the civil right system, the general personality right gradually gain attention and got rapid progress. Disputes involved the general personality right in practice appear frequently, but the general personality right has not specified in the legal system in our country. Due to the litigation system based on the substantive norm, the lack of substantive rules must cause the applicable dilemma of procedural law, on the top of the list is the dilemma of exercising the litigation right as the connection between substantive law and procedural law .It is critical that giving the procedural law full play to respond to rights protection request from the parties. This paper aims at finding out ways of perfecting the litigation system in order to protect general personality right . The definition and scope of general personality right is the basement , supplemented by litigation right theory analysis and the protection of the litigation right in civil law countries and common law countries will be discussed. Except the introduction part, this paper is constructed by five parts: Chapter one defines the concept and scope of general personality right . Through contrasting variety of theories of the general personality right, the author defines the general personality right as: a right which protects the general personal interest, which is the foundation of protecting the litigation right . Chapter two gives a brief introduction of the requirements of general personality litigation right . Thro