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On the constitutional right of personality

Author: WangHong
Tutor: TianYao
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Human dignity Fundamental rights Personality rights
CLC: D911
Type: Master's thesis
Year: 2008
Downloads: 192
Quote: 1
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Abstract


It seems that the ethical philosophy of personality , people simply because it is the sense of ethics was \From this theory can be deduced : everyone is entitled to demand that everyone and people respect his personality , not against his survival ( life, body , health , freedom of movement , etc. ) and his private domain ; appropriate each individual to any other person must also bear this respect others and do not infringe the rights of others personality obligations . The basic principles of mutual respect for the basic principles of the world is not just a real titration of \The main task is to protect the constitutional rights and freedoms of the people, all the countries of the Constitution is the supreme human dignity seen as a constitutional value , and positive law on the right of personality is the most direct text -based to promote human dignity . Protection of personality rights of people first need to focus on respect for human dignity . Meaning of human dignity is \States should exist for the people , the state itself should not only respect the human dignity in public law relationships , are obliged to form a political, economic and social system in line with human dignity , in order to facilitate the people in the private behavior , it is possible the full realization of basic rights. Based on human dignity , people 's freedom with human development , Germany, Japan and Taiwan of China on the creation of a constitutional right of personality , thereby personality rights as one of the fundamental rights of the Constitution on fundamental rights into the system . When we put the personality as a constitutional right , especially it as fundamental rights which , when produced an important regulatory role , ie the dual function of fundamental rights. Fundamental rights in Taiwan , Japan, Germany has two properties , namely, the subjective and objective norms defense capabilities . Fundamental rights as the right to a defense of the right to be against the national public personality rights violations, and let the people keep a free space. Fundamental rights will also have a special protection features , including the country 's obligation to make fundamental rights can be achieved , that moral rights can be achieved , including legislative , administrative and judicial aspects through . The creation of a constitutional right of personality makes their fundamental rights system has improved , better preservation of human dignity, promote personal freedom, and strengthen the value of the order and fundamental rights , no doubt will be on the development of the private personality rights have a significant effect. Subjective defense of the Constitution makes the judiciary personality rights obligation to be more abstract moral rights law department , especially in the general personality embodied life and health , freedom , privacy, reputation and other rights , the right of personality development the specific scope of protection , and the protection of personality rights and restrictions on public interest generated when two conflicting tensions , the judiciary is obliged to resolve the conflict through interest measure . The objective constitutional right to regulate the function of personality makes legislators bear the legal system for the protection of personality rights , and to keep its review , revise and improve the obligation . Court when applicable laws should be interpreted in line with fundamental rights. Protection of personality rights is common mission , including private law , including the Constitution and the law department . In our legal practice, the more the need for legislation and private coordination and division of labor. Currently being developed in our Civil Code , now a subject of academic research is focused on domestic legislative issues of personality right . A moral rights legislation reflects the real objective of the constitutional right to regulate the function of personality , making the country the obligation to enact specific laws and regulations, so that the people get better protection of human rights . Therefore , we need to reflect on a deeper level how the intent of the Constitution personality rights norms embodied in the civil legislation among the constitutional right of personality to play the objective specification.

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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