Full Description
This volume is a collection of up-to-date, authoritative essays on China's Law of Personality Rights, its impact in practice and its legal background.
The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family.
The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Contents
1. On the Reasons for the Separate Compilation of the Law of Personality Rights, 2. Discussion on the Positive Right Confirmation Mode of Personality Rights: Also on the Relationship between the Law of Personality Rights and Tort Liability Law, 3. Legislation of Personality Rights in China: System, Boundary and Protection, 4. Rational Thinking on the Major Controversy over the Compilation of the Law of Personality Rights in the Civil Code, 5. Different Opinions on Opposing to the Legislative Decision-Making of the Compilation of the Law of Personality Rights in the Civil Code, 6. The Formation, Development and Finalization of the Chinese Experience in the Personality Right Legislation, 7. Interest Re-measurement Theory and Institutional Arrangement: From Privacy to Personal Information, 8. Relationship between Human Rights and Personality Rights: Also on the Deficiencies of the Relevant Provisions of the General Rules of the Civil Law, 9. The Influence of the Independent Compilation of Personality Rights on the Theory and Practice of Marriage and Family Law
