ABSTRACT

This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background.

The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family.

The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.

chapter 2|21 pages

Discussion on the Positive Rights Confirmation Mode of Personality Rights 1

Also on the Relationship between the Law of Personality Rights and Tort Liability Law

chapter 3|9 pages

Legislation of Personality Rights in China

System, Boundary and Protection

chapter 7|32 pages

Interest Re-Measurement Theory and Institutional Arrangement

From Privacy to Personal Information

chapter 8|20 pages

The Relationship Between Human Rights and Personality Rights

Also on the Deficiencies of the Relevant Provisions of the General Rules of the Civil Law