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On fame and attributes and Relief

Author: LiXingGang
Tutor: YinZhiQiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Reputation Honor Or honor Right to identity Legislation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 65
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Abstract

With the \There is controversy about the fame and focused on fame and whether an independent civil rights as well as its nature and so on. Some scholars believe that the fame and reputation of a special form only and should not be used as an independent civil rights special provisions in the Civil Code , while the main part of the solution of civil protection of honor , you can borrow the provisions concerning the right of reputation protection can be achieved. Some scholars believe , honor is an independent civil rights and the need to stand alone, but in the end is about fame and personal rights of personality rights or the right to identity , or both, and there is considerable controversy . To further clarify the controversy , to remove legislative barriers , and earnestly safeguard the legitimate rights and interests or honor , this honor in the relevant basic theory based on the analysis of the fame and the nature, content and status of current legislation on the right of honor , problems to improve the content discussed measures put forward their own views. Besides the introduction and conclusion , but is divided into three chapters: Chapter : Anatomy of the meaning of honor . This chapter on the nature and characteristics of honor , reputation and honor of the nature and the relationship between the description and analysis, that the concept of honor should be used , \, in social production , social activities , or fighting with outstanding performance or contribution, and organizations such as the government or by a specific relevant organizations to give positive formal evaluation . Also pointed out that the honor and reputation are closely linked, on this basis, and there is a clear distinction , honor, reputation can not be replaced . This chapter discusses the nature of fame and to further demonstrate the foundation . Chapter II : fame and character analysis . This chapter first describes and analyzes the current scholars on the nature of fame and the different views . Meanwhile, for a more comprehensive and accurate understanding of the full right of honor , focusing on the moral rights, the right to identity were compared with each other . Then, there is the necessity for fame and independence based on the analysis around fame and has the characteristics , including the content, and the right to identity concepts were demonstrated analyzed and made the following observations , which of Honor as an independent civil rights , the rights can not be replaced by another . Meanwhile, as a right, it is right to identity , the exact identity of extrajudicial relatives who belong to the right , not part of the personality rights . Chapter Three: Improving fame and legal regulation proposals. This chapter first describes the legal situation at home and abroad about fame and , on this basis , analysis of China's legislation on the right of honor of the problems , such as legislative scattered , trivial , fragmentation , but also for fame and recognition , protection provisions are too principles and simple to make fame and being infringed, they can not be an effective remedy . To better protect the interests or honor , the first few chapters of this chapter , based on the analysis and pointed out the main problems and fame and legislation as well as on how to improve the current legal framework for different types of honor how much more better protect the legitimate rights and interests fame and made some superficial view .

On fame and attributes and Relief

Abstract

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