人格、人格权与民法典体系

On Personality,Personality Rights and Civil Code System

目前我国在民法典编纂方面的最大争议问题之一,就是人格权是否单独成编,而这一问题争论的根本症结在于,对于民法上的人格与人格权概念的理解上存在着重大分歧。要解决民法典人格权体例问题,就必须剖析争议双方的各自观点与理据,同时要从人格与人格权的一般概念与具体学科上,来辨析民法意义上的人格与人权权概念。

Firstly, personality is a word with multidisciplinary sense, mainly including personality psychology, ethics and law on;Secondly, the word personality has also different meanings in the field of law, including the philosophy of law, constitutional law,civil law. Although the concept of personality on each specific discipline is the same word ＂personality＂ in the literal, but thecontent and properties of a variety of personality is a great difference.If we cannot seriously investigate these linkages and differencebetween the concepts of personality, it will inevitably has led to dispute on personality rights and theory system of our civil Code infuture.After problems with the concept of comparative analysis, the basic conclusion is that the personality rights should not be as aseparate unite of the Civil Code.