论自然人商事人格权及其法律保护

On Commercial Rights of Natural Personality and the Protection

人格的财产性价值随着商业社会的发展,愈加凸现。自然人的姓名、肖像等人格标识被广泛应用于商事活动中,自然人商事人格权观点的提出引发了的对传统民事人格权制度的挑战。本文基于民商分立立法模式,借鉴国外先进立法制度,试图构建我国的自然人商事人格权规则,以期引发人们对人格权当中经济利益内涵的重视并为人格权的商业利用提供理论基础。

The personality connotation which has property interests has been paid more attentation to with the developments of the commercial society.The personality identification such as the nature person＇s name,portrait ect.have been widespreadlly applied into the commercial activities which has been a tendency.So the tendency has brought about the chanlleges for the traditional civil personality right.The paper which is at the base of commercial law as an independent legal branch and recommends the right of publicity in the foreign law,try to formulate the rule of commercial rights of natural personality.The writer expects to make people pay more attention to the economic interests connotation of the personality right and put forward to some theory for utilization of personality rights in commerce.