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Article
Constructing the Theoretical System of the Chinese Personality Rights Law
Author(s)
CHENJie-rong,SUN Yan
Full-Text PDF XML 2 Views
DOI:10.17265/1548-6605/2024.10.003
Affiliation(s)
Sichuan University, Chengdu, China
ABSTRACT
Personality rights under the fourth
chapter of PRC Civil Codeare divided into six chapters for regulation. Of
these, Chapter 1, General Provisions, serves as the General Principles of the
personality rights law, while Chapter 2 deals with right to life, right to
body, and right to health, Chapter 3 with right to personal name and right to
name, Chapter 4 with portrait rights, Chapter 5 with the right to reputation
and right to honor, and Chapter 6 with the right to privacy and protection of
personal information. This is exemplary legislation, in which the legislator
exemplifies the basic types of personality rights that can be accepted and
agreed upon, and then regulates other types of personality rights when
subsequent amendments are made. Corresponding to this is the construction of
the legal theory system of personality rights. For the construction of the
theoretical system of personality rights law, Chinese scholars focus on the
classification of personality rights research. In the view of Chinese scholars
of personality rights law, as long as the classification of personality rights
is clear, the theory system of personality rights can be constructed.
KEYWORDS
personality rights law, biological personality rights, social personality rights, behavioral personality rights
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