Abstract

Modern tort laws history of China rigidly adhere to the text and theory, however, from the perspective of grassroots judicial practice, there is a large space for exploration. When it comes to the research object of tort law, the existing research lacks the detailed research on the angle of personality right infringement. The research on the modern tort laws history related with the personality right protection should commence with the text, theory and the interaction of judicial practice. In the study of the text, not only the Civil Law Code Draft of the Qing Dynasty and the Republic of China Era should be taken into consideration, but also the special law of personality right protection needs to be paid attention to. In the study of judicial practice, grassroots judges should be focused on. The development of the modern tort law should be reflected in the personality right in the whole research.

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