Legal Person’s Personality Right and the Protection of It in Civil Law
|Keywords||Legal person personality right legal protection compensation for spiritual damage|
Since it came into being, legal person plays an important role in the social and economic life of human beings. Especially nowadays, with the development of economic globalization, legal person as the most important civil subject apart from natural person is becoming more and more important. Along with the social development, lots of act that infringe the rights of legal person comes out. It becomes a major legal project to establish a system of legal person’s rights to protect the rights of legal person. However, so far, the protection of the right of legal person is limited to the property right. The protection of the personal right of legal person is overlooked. The deficiency in theory and legislation is bad to the protection of the personal right of legal person, which also influences the motivation of legal person in activities relating to civil law. Facing this situation of study in this field, this paper comes up with the conceptualization of the protection of the legal person’s personality right in our country after comparing different theories on the basis of the legislation of our country.This paper firstly gives a brief introduction of the generation and development of the personal right of legal person, including the generation and development of legal person, the foundation and completion of the personality right system, as well as the situation of study on this subject and the necessity of improving this theory.Then in the second part of the paper, the author deeply researches into the question of whether the legal person has personal right or not. She first introduces the two points of view, and then gives her own idea of this question. Then she assures the legal person’s personality right and gives reasons on theory, practice and legal technique.In the third part of this paper, the author defines the protection scope and type of legal person’s personality right in our country on the basis of the characteristics of legal person and the summary of different theories and experience of other countries’ legislation.Finally, in the fourth part of the paper, on the basis of summarize the shortage of China’s current legislation and protection system of legal person’s personality right, combined with the legislation of other countries, the paper puts forward some ideas of perfecting the protection system of legal person’s personality right in our country, mainly by improving the legislative model, enlarging the protection scope of legal person’s personality right and setting up the compensation system for legal person’s spiritual damage.This paper mainly uses research methods as comparative analysis and empirical analysis. The paper not only affirms the personal right of legal person, and also researches deeply into the protection scope and type of the legal person’s personality right. It brings forward some constructive advice for making up for the shortage of theoretical research on this subject, which can also benefit our country’s legislation on legal person’s personality right.