人格权法自主知识创新的理论基础与制度表达
Theoretical Foundations and Institutional Embodiments of Innovation in the Independent Knowledge of the Personality Rights Law
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摘要: 人格权法自主知识创新以厘清自然人格与法律人格为前提,根植于法律人格(主体)与人格权的规范分离、自然人格与人格权的内在联系之理论基础。由此生发的人格权法制度创新,不仅体现为《民法典》人格权独立成编的体例形式创新,还彰显为人格权法的实质内容创新:既有数字社会人格权的创立、精神性人格权的内涵拓展、人格权伦理考量的规范化等人格权内容的扩张,亦有人格标识尤其是个人信息利用行为的人格性与财产性分野,还有一般人格权的增设、人格权侵权损害赔偿责任的场景化区分、人格权侵害禁令规则的建立等人格权保护规范的发展。唯有在人格权法自主知识创新的理论基础指导下,人格权法的制度创新方可在其适用中落到实处。Abstract: The independent knowledge innovation of the personality rights law is premised on clarifying the distinction between natural personality and legal personality, is also rooted in the theoretical foundations of the normative separation between legal personality (subject) and personality rights, as well as the inherent connection between natural personality and personality rights. The institutional innovation in the personality rights law derived from these foundations is not only reflected in the formal innovation of the independent compilation of personality rights in the Civil Code but also demonstrated in the substantive content innovation of the personality rights law, which includes:(1) the expansion of personality rights content, such as the establishment of personality rights in the digital society, the broadening of the connotation of spiritual personality rights, and the regularization of ethical considerations in personality rights; (2) the distinction between personal use and property-related use in utilizing personal identifiers (particularly personal information); and (3) the development of personality rights protection norms, including the addition of general personality rights, the contextual differentiation of liability for infringement damages in personality rights, and the establishment of rules on injunctions against personality rights infringement. Only under the guidance of the theoretical foundations of the independent knowledge innovation of the personality rights law can the institutional innovation of the personality rights law be effectively implemented in its practical application.
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