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Discussion on the Scientization and Syste-matization of Personality Rights in Civil Law System of China

Discussion on the Scientization and Syste-matization of Personality Rights in Civil Law System of China

Nan Zhou

Railway Police College, Zhengzhou, 450000, China


Abstract: In China’s civil law system, the independent compilation of the content of personality rights is formed on the basis of the integrity of the construction system, and a new open approach for the protection of rights and interests has been created. At the same time, it also realizes the content of relevant laws compatible with the standard of justice and the code of conduct as well as the combination of legal principle and statute of personality right in aspects of prevention and relief. China’s civil law system is composed of formal system and substantive system. Of which, the formal system includes the various sections of the Civil Code and their corresponding systems and rules; while the substantive system is composed of the value system of civil code. This kind of system structure is to build the civil law system with the legal relationship, especially the civil rights as the center, and integrate the personality right into the sub-rules. This construction logic is completely consistent with China’s civil law system. For this purpose, this paper, through the research and analysis of the scientific system of personality rights in China’s civil law system as well as the systemization of personality rights, expounds the scientific and systematic complete system of legal system structure of China’s civil law system in terms of personality rights.

Keywords: Civil law system; Personality rights; System structure