论新型人格法益的权利化

Discussion on the Rights-ization of the Novel Personality Legal Interest Rights-ization

新型人格法益权利化有利于增强法益适用的确定性,平衡法益保护和行为自由,促进人格权利保护制度的完善。但新型人格法益存在概念不清晰,权利要件不确定,权利类别不明确等理论困境。基于法益的概念证成具有不同面向,法益损害构成要件的认定标准存在多重考量,法益的外延和类别归属受权利发展的动态影响等原因,新型人格法益的权利化应当坚持内外视角优化新型人格法益的规范概念,坚持立足本土实际完善新型人格法益的构成要件,坚持概念化和类型化明确新型人格法益的权利归属。

The rights-ization of novel personality legal interest is conducive to enhancing the certainty of the application of legal interests,balancing the protection of legal interests and freedom of behavior,and promoting the improvement of the protection system of personality rights.However,there are theoretical dilemmas such as unclear concepts,uncertain rights elements,and unclear rights categories in the novel personality legal interest rights-ization.Based on the reasons below:the proof process of concept for legal interests has different dimensions,the standards for determining the elements of legal interest damage have multiple considerations,the extension and category attribution of legal interests are dynamically affected by the development of rights,the rights-ization of novel personality legal interest rights-ization should adhere to the internal and external perspective to optimize the new personality law benefit of the normative concept,adhere to the basis of local practice to improve the new personality law benefit of the constituent elements,adhere to the conceptualization and typology of the new personality law benefit of the right to attribute.