Personality rights in Chinese law (1949-2020)

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Other Title
  • 中国法における人格権の発展（1949年～2020年）
  • チュウゴクホウ ニ オケル ジンカクケン ノ ハッテン : 1949ネン~2020ネン

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Abstract

After the reform and opening-up policy in 1979, China added a new provision of “inviolability of dignity of personality” in its constitutional law, reflecting on the lessons learned from human rights violations during the Cultural Revolution. In 1986, it promulgated the General Principles of Civil Law to protect personality rights, granted legal remedies for victims of infringement of individual personality rights such as the rights to life, health, name, image, reputation, and honor. Later, the scope of remedies was extended to cover the right to privacy. In addition, The Civil Code of China enacted in 2020 stipulated the general right of personality as well as individual personality rights. But in contrast, the development of constitutional personality rights was not as smooth as the one in civil law. Constitutional personality rights will be one of the hot issues under Chinese law in the future.

Journal

  • 廣島法學

    廣島法學 45 (1), 206-160, 2021-03-15

    広島大学法学会

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