Full Description
This volume is a collection of articles on the codification experience of China's Law of Personality Rights, explaining the design of the Law as well as its innovations.
As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions.
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. Major Highlights and Innovations in the Separate Law of Personality Rights 2. The Innovative Development of Personality Right Legislation through the Law of Personality Rights in China's Civil Code 3. When the Ideal Has Been Turned into Reality: From Legislation to Interpretation 4. On the Separation of the Claim of Personality Rights from the Claim of Tort Damage Compensation 5. Pragmatic Combination of Conservation and Innovation: Comments on the Law of Personality Rights in the Civil Law of the People's Republic of China (Draft) 6. Progress and Limitations of Personality Right Legislation: Comments on the Draft of the Law of Personality Rights in Civil Code (Third Review) 7. The Last Opportunity for the Improvement of Personality Right Legislation
