论一般人格权在我国民法中的完善-民商法学专业论文.docxVIP

3 3 人格权请求权，即是指民事主体在其人格权的圆满状态受到妨害或者有妨 害之虞时，得向加害人或者人民法院请求加害人为一定行为或者不为一定 行为，以回复人格权的圆满状态或者防止妨害的权利。在保护一般人格权 时，人格权请求权和侵权请求权所起的作用是不同的，人格权请求权—— 防患未然；而侵权请求权——亡羊补牢。这样设计的目的是为了更大程度 地保护主体的合法权益。 本文第四部分主要分析了一般人格权在我国民法中的完善所产生的 意义。一般人格权的完善，不仅使我国人格权体系更加丰富，而且可以更 大限度地保护民事主体的人格利益，并为法院审理相关案件提供了依据。 关键词：一般人格权 生活利益 人格利益 立法模式 人格权请求权 PAGE PAGE 1 Abstract General personality right is a great important civil right for a natural person, because it comes down to the basic idea: why a natural person is a person. The idea involves not only how to protect a natural person’s personality interest, but how to improve our legislative system of personality right. In China, the system of general personality right had not been paid enough attention to in our academe because of our poor legal system and tardy development. So in our legislative field, with the rapid development of our society, our theoretical studies and legislative practice as to general personality right have made greater progress than before, but it’s still necessary to explore how to improve our system of general personality right. This paper focuses on our system of general personality right to discuss how to improve general personality right in civil law, by which some suggestions are made about what should be watchful in the process of improving our system of general personality right. The author hopes that these suggestions will be beneficial to the improvement of our system of general personality right. In the real discussion, the author mainly applies analysis by synthesis method, historical method and comparative method. With the introduction of the evolution of general personality right and the research of it in other countries, such as Germany, France and Switzerland, as well as their comparative analysis, the author states that we should refer to the other countries’ advanced experience, at the same time we also should pay attention to our real situation. Based on this, the paper analyzed the progress and lack of our legisl