新型人格权益类型化研究-《南京师大学报》（社会科学版）

文章信息/Info

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

摘要:: 新型人格权益是人格权研究的热点和难点,学界对其概念、性质以及保护均有不同理解,实践中也常有“同案不同判”的现象。《民法典人格权编》对一些新型人格权益采用类型化保护。新型人格权益类型化的价值在于其能够规制新型人格权益保护的泛化和混乱、维护人格权体系的固有秩序以及为审判工作提供方向指引。应当针对新型人格权益的特征和难点,参考其法律保护的目的,以权益来源为标准构建由扩张型、复合型、发展型和一般型人格权益共同组成的新型人格权益体系,这样既满足抽象性、概括性的类型化要求,符合新型人格权益交互性、变动性、多样性、精致性等特征,也解决了司法裁判中选择合适的新型人格权益保护规则的难点。

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.