《民法典》荣誉权保护刍议——以新冠疫情中医务人员荣誉权保护为切入点

Protection of honor right in Civil Code Taking the protection of honor rights of medical personnel in the COVID-19 epidemic as the starting point

大疫当前,医务人员千里驰援为亿万群众生命健康筑起防疫长城,荣誉表彰为抗疫医者搭起保护伞,更印证现行法对人格权的高度重视。私法之上构建荣誉权制度乃我国民事立法之首创[1]。《民法典》为荣誉权保护提供有力支撑,但仍存在理论不足、立法实践甚有割裂之困境,恐怕难以达致荣誉救济之完满。以新冠疫情下医务人员荣誉权保护为切入,追溯荣誉内在品性,以公共利益为路径探讨公私法领域下荣誉权的独特适用之处,剖析荣誉权的内外维度协同优化保护路径。希冀主体对自身荣誉予以理性判断、正当表达,层级分明的保护体系下荣誉权“超越公私法”之悖论将不攻自破,荣誉权实质性保护将真正回归本源、置于《民法典》之应有地位。

In the current epidemic,medical personnel have traveled thousands of miles to build a great wall of epidemic prevention for the lives and health of hundreds of millions of people.Honorary commendations have set up a protective umbrella for anti epidemic doctors,which further confirms the high importance attached by the current law to the right of personality.The establishment of the right of honor system on the basis of private law is the first initiative of China's civil legislationll.The Civil Code provides a strong support for the protection of the right of honor.However,there are still theoretical deficiencies and legislative practice is very divided.We are afraid it is dif-ficult to achieve the complete relief of honor.This paper took the protection of medical personnel's honor rights un-der the COVID-19 epidemic as the breakthrough point,traced the intrinsic character of honor,explored the unique application of honor rights in the field of public and private law through the path of public interest,and analyzed the internal and external dimensions of honor rights to optimize the protection path.It is hoped that the subject will make rational judgment and proper expression of his own honor,the paradox that the right of honor"transcends public and private laws"under the hierarchical protection system will be overcome,and the substantive protection of the right of honor will truly return to its origin and be placed in the due position of the civil code.