残疾人人格权的法律救济

Legal Remedy on the Personality Right of Persons with Disabilities

民法理论对人格权越来越关注,残疾人作为社会弱势群体,对其人格权的保护,更需要得到国家和社会的关心和重视。从法律进程的发展可以看出国家政策对人格权日益关注,但残疾人人格权救济制度仍存在着具体人格权的内容规定不详细、人格权的对象保障不明晰、执法主体责任不明确、监督机制不完善、残疾人诉讼成本过高,以及残疾人法律意识淡薄等问题。基于此,从人格权内容的具体规定、法律的制定与完善、监督机构职能的细化、司法程序的合理化,以及救济手段的具体落实等方面提出建议,以期残疾人人格权得到长足的发展,残疾人真正享有人格权。

The theory of civil law is more and more concerned about the fight of personality. As the vulnerable groups in society, the disabled people needs the care and attention from the state and the general public to protect their personality fights. From the development of its legal process, it is analyzed that the national policy is paying more and more attention to personality fight, However, there are still some problems in the relief system of the disabled people＇ s personality fights, such as the content of the specific personality fights is not detailed, the object of the personality fights protection is not clear, the responsibility of the subject of law enforcement is not clear, the supervision mechanism is not perfect, the cost of the lawsuit for the disabled is too high and the awareness of the disabled is weak. Based on this, this article puts forward suggestions on t the specific provisions of personality fights, the formulation and perfection of law, the refinement of supervisory organs＇ functions, the rationalization of judicial procedures, and the specific implementation of relief measures, so that the personality fights of persons with disabilities can get considerable development, disabled people can really enjoy the fight of personality.