The Exclusion of Personality Right from the General Provisions of China's Civil Law: The Independent Compilation of Personality Right

There is obvious difference between the personality right and principal system,in which the specificity of the personality right is incompatible with the abstract feature of the general provision of Civil law. The evolutionary trend of personality right indicates that it cannot be fully covered by the general provision. The inclusion of personality right in the general provision will have adverse effect on the protection and utilization of personality right. Therefore,it is better not to include personality right into either principal system or the general provision. The independent compilation of personality right is not only strongly theoretically supported but significantly guiding the practice. Furthermore,it suits the development from civil law to the codification of civil law and will be conducive to the development of the civil code mechanism.