法律拟制的人格权研究

Research on Personality Right of Legal Fiction

法律的发展是一个社会文明进步、依法治国的过程,也是一个人们权利意识觉醒并不断寻求权益保护的过程。近代以来,特别是第二次世界大战以后对作为主体权益重要内容的人格权益的反思与进一步的发展使人格权益愈加被重视。加之当今世界经济的发展、社会日益复杂,人格权益受到威胁的范围和深度随之增加,对于人格权益的诉求也延伸到更高层次。人格权益的保护推动着人格权权益研究的不断深入,也使得人格权相关立法不断完善。由于无民事行为能力人和限制民事行为能力人的特殊性,使得人格权的法律保护又有显著不同,探索此种情况下的人格权保护将对正处于社会转型期的中国人格权研究产生巨大影响。

The development of Law not only means a process of advancement of social civilization and rule by law, but also a process that people constantly seek protection of rights and interests based on the awaking of right awareness. Since modern times, especially after the second world, the introspection of personality right, as important content of main body rights and interests, and its development has made itself more emphasized. Nowadays , combined with the development of world economy and the gradually complex situation of society, the scope of the threats which personality right is faced with is wider and the depth is deeper. what＇s more, the appeal to personality right stretches to a higher level. Protection of rights and interests move forward the research of personality rights and interests, as well as continuously improve related legislation of personality. The specialty of a person without or with limited capacity for civil conduct makes the legal protection of personality right markedly dif erent. Therefore, exploring protection of personality right in this case wil have a giant effect on Chinese research of personality right in the period of social transformation.