关于人格权商业化利用保护和限制制度的研究-民商法学专业论文.docxVIP

Research Research on the protection and restriction system of the commercial use of personality right Name：Zhu Yitao Student ID：2013011147 Supervisor：Professor Li xiao Major：Civil Law and Commercial Law Research direction：Civil Law Grade：201 3 Abstract With the vigorous development of commerce，the right of personality has been endowed with some centemporary meaning．The most critical key on right of personality iS that its commercial value has been explored and its commercial phenomenon has sprung up like mushrooms．Dating back to 1 7山or 1 8山century,whether foreign scholars or native scholars，they both thought deeply a question that what things make people human-being．At that time，some of conceptions like basic human rights and natural fight appeared．However,people，at that time， paid more attention to focus spiritual interests of right of personality rather than commercial value，on account of limited economic development．Along with industrial revolution，scientific and technological revolution and development of cultural media industry,name，portrait and privacy and SO forth had become potential objects utilized by commercialization． More and more people with curiosity wisely discovered significant business value on name，portrait，and privacy,and tried to cross the baseline of law,abuse power,seek opportunities on making money in margin regions between public power and private right．So infringement is something unavoidable．Regarding that utilization of commercialization on right of personality,how to protect，limit，relieve it has become a public topic．哦S thesis will falls into five parts． The first part，the conception on utilization of commercialization on right of personality will be introduced．The author will analyze the utilization of commercialization on right of personality from various angles of conception， origin of phenomenon，features，legal feature， dialectical relations between economic benefit of right of personality and spiritual interests of right of per