Abstract

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Keywords:: new personality rights; categorization; standard; source of rights and interests

Abstract:: New personality rights and interests are a hot but difficult topic in the field of personality rights research. The academics have different understandings of their concept, nature, and protection, and “different judgments made for the same case” is also common in practice. The Compilation of Personality Rights in the Civil Code protects the new personality rights and interests by putting them into different categories. The value of the categorization of new personality rights lies in that it can regulate the overgeneralization and the chaos caused thereby in the protection of new personality rights and interests, and that it can also safeguard the inherent order of the personality rights system and provide guidance for the judicial trial. According to the characteristics and difficulties of new personality rights and interests and the purpose of its legal protection, we should take the source of its rights and interests as the standard to build a new personality rights and interests system, including the expanding type, the compound type, the developmental type, and the general type, so that it can meet the categorization requirements of abstraction and generality, and be in agreement with such characteristics as interactivity, variability, and diversity of personality rights and interests. It also resolves the difficulty in selecting appropriate new protection rules for protecting personality rights and interests in judicial trails.