论人格权的财产利益及其私法保护

Study on the Interest and Protection of Personality Rights and Property under the Private Law

随着经济社会的不断发展,人格要素的商业化利用日益普遍,人格权具有财产利益已是广大学者共识。人格权与财产权的二元划分也正得到学者们的重新审视。肯定人格权同时包含精神利益与财产利益,赋予人格权更多的主动性权能,并借鉴相关的域外立法经验,建立我国的人格权保护制度,这是保护人格权财产利益的有效路径。

With the continuous economic and social development, commercialization increasingly common use of personality factors, personality rights have property interests is the consensus of scholars. Binary division of personality rights and property rights are also being scholars re-examined. Certainly the right personality and spiritual interests include both property interests and give more personality rights initiative power, draw on relevant experience extraterritorial legislation, the establishment of China ’s moral rights protection system is to protect the interests of effective path to personal property rights.