Major Highlights and Innovations in the Separate Law of Personality Rights 1

Abstract

The separate law of personality rights in China's Civil Code indicates a major innovation in China's Civil Code system. In the law of personality rights, the human dignity-centred value is upheld, and a complete set of rules and system of personality rights are established. That shows the experience in and the development trend of personality rights protection in China. Provisions of personality rights give consideration to both the negative defence and active utilization of personality rights, and highlight the priority protection of the rights to life, body and health. To meet the needs for personality right protection in the era of the Internet and big data, the law of personality rights stipulates special protection methods of personality rights, such as the rights to claim, prohibition, correction and deletion of personality rights. It pays attention to the prevention of personality right infringement, and strengthens the protection of privacy and personal data. The law of personality rights also balances the relationship between the protection of personality rights and other values, and brings out the best of the dynamic system theory in imputation.