论人格权法在中国民法典中的独立地位-经济法专业论文.docxVIP

PAGE PAGE VI Abstract In civil law, personality right is the most fundamental civil right, not only it being that the civil main bodies such as natural man, corporation realize the personality independence, defend important dignity of human personality condition, premise being also other civil right such as enjoying and realizing ownership of property. In precisely because of it, working out process in our country civil code, the scholars have carried out a heated dispute that what position the personality right law stays in the civil code. In abroad, legislation pattern mainly has four kinds of personality right law. The first pattern is that main body system contains the personality right pattern completely with civil being a representative France civil code . the kind legislation pattern takes oneself peoples value seriously , cares for peoples position, but does not have the system stipulating concrete personality right. The second kind pattern is that the right replacing personality with the law of torts being a representative Germany civil code follows pattern . this kind of legislation patterns is not accord with the society desire for nowadays development. With the social development today , personality right law content enriches gradually, is already not that the simple tort follows what protection can replace. The third kind pattern is that “the law culvert shoots the personality right law pattern with the people who is a representative Switzerland civil code . this kind of legislation patterns has been given personality certain independent character of right. The fourth kind patterns is to follow independent Cheng Zhang pattern with the personality right being a representative Canada Quebec civil code . this kind of legislation patterns has laid stress on important personality right law position here , has represented the present age civil law cognition to personality right law , has been worthy for our country to draw lessons. In the field of persona