人格权的宪法本质及其民法表达

Constitutional Nature of Personality Rights and Its Manifestation in the Civil Law

人格形成源自人的选择、追求人的自我实现,受到客观要素的影响但并不为其所决定,所以人格不属于客观范畴。德国宪法一般人格权概念一开始以人格领域客观可确定为前提,但在宪法判例中逐渐转以个人自主为内核、以人的自我实现为目标,权利范围随之扩张,以至于与一般行为自由无法明确区分,遂成宪法权利的一般原理。美日两国的宪法人格权保护亦可印证这一历程,佐证宪法人格权的本质。深入探究可以发现,宪法人格权实际上表达了现代宪法最高价值——人的尊严。与之相对,民法人格权的理论证立恰在于人格要素的客观性和防御性。

The formation of personality comes from people's choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personali-ty does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of per-sonality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitu-tional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitu-tional personality rights actually manifest the highest value of modern constitutions-human dig-nity.In contrast,the theoretical justification of personality rights in civil law just lies in the ob-jectivity and defensive nature of personality elements.