Personal rights and human rights
Human rights mainly include: 1. The right to life, 2. The right to vote, 3. The right to make decisions, 4. The right to management, and 5. The right to supervise. 6. Right to freedom. Mainly political freedom. 7. Autonomy. 8. Reputation rights, including name rights, honor rights, copyrights, patent rights, etc. 9. Right to privacy. 10. Property rights. The above ten items are all the main contents of human rights.
Personal rights refer to the civil rights enjoyed by civil subjects in accordance with the law, which are inseparable from their personal bodies and do not directly have property content. Together with property rights, it constitutes two major categories of basic civil rights in civil law. Personal rights include two categories: personality rights and identity rights. Personal rights include life rights, body rights, health rights, name rights, title rights, reputation rights, portrait rights, and privacy rights. Identity rights include parental rights, spouse rights, kin rights, honor rights, marital autonomy, etc. The main difference between personal rights and human rights
The so-called human rights refer to the basic rights that everyone enjoys or should enjoy according to their nature and dignity under certain social and historical conditions. The so-called human rights, in their complete meaning, are everyone's right to live and develop freely and equally, or in other words, everyone's freedom and equal rights necessary for survival and development.
Personal rights refer to the civil rights granted by law to civil subjects that are closely connected with their persons and have no direct property content. Personal rights are the legal embodiment and reflection of the personal relationship between citizens and legal persons in our country. Refers to rights that are connected with or inseparable from the person and have no direct property content. Also known as personal non-property rights. It has the following legal characteristics: ① Personal rights are a kind of right that is proportional to property rights such as ownership, other property rights, and creditor's rights, such as name rights, honor rights, creative rights, etc.; it can be enjoyed by natural persons or legal persons. ②Personal rights can be expressed in two aspects: personality rights and identity rights. Personality rights are the rights that the law gives to the rights subject itself, such as the rights of names enjoyed by natural persons and the rights of names and trade names enjoyed by legal persons, and the right of honor enjoyed by natural persons or legal persons. and the right to inviolability of the person. Identity rights are rights that the law protects due to the status, relationship or behavior of rights subjects, such as parental rights, guardianship rights in family relationships, the right to publish works, the right to authorize, etc. ③Personal rights are closely connected with the natural person or legal person as the subject of the rights and cannot be separated. Personal rights cannot be transferred except in accordance with legal provisions. The creative rights and honorary rights of a work or invention always belong to the author or inventor and generally do not change due to their death. As long as parental rights and guardianship rights are not deprived by law or cannot be exercised for any reason, they always belong to the person who has parental rights and can exercise this right. Personal rights are protected by administrative law and criminal law, as well as civil law, labor law, and marriage law. The French Civil Code of 1804 and the German Civil Code of 1896 both have special chapters to protect parental rights. Many countries protect the creative rights of works and inventions through civil or administrative laws, labor laws and other laws. China's 1980 Marriage Law, 1978 "Regulations on Invention Awards" and 1979 "Regulations on Natural Science Awards" all have provisions for the protection of name rights, invention rights and discovery rights. What is the relationship between portrait rights and personal rights? What is the relationship between portrait rights and personal rights?
Personal rights are divided into personality rights and identity rights, and portrait rights are a type of personality rights.
Therefore, the right of portrait is a type of personal right. What is the difference between intellectual property rights and personal rights?
Intellectual property rights mainly include copyrights, patent rights, and trademark rights. Copyright also includes personal rights and property rights. There are 14 property rights. Personal rights include the right to sign, the right to publish, the right to modify, and the right to protect the integrity of the work.
It can be seen that intellectual property rights include both personal rights and property rights. In practice, it is more manifested as property rights.
The proposition above is a false proposition, and it makes many people’s misunderstandings. The difference between personal interests and personal rights
(1) Personal rights are inseparable from the person of a specific civil subject and are exclusive
Personal rights are rights exclusive to the subject, that is, personal rights are inseparable from the subject of the rights. separation.
This is a prominent feature of personal rights compared with property rights and other rights. Inseparability means that personal rights can only be enjoyed by the right holder and cannot be enjoyed by others through transfer or inheritance. The laws of many countries also stipulate that personal rights cannot be abandoned. The exclusivity of personal rights is also reflected in the fact that personal rights do not need to be actually enjoyed by individuals with independent will, nor do they require the subject to perform certain behaviors to actually obtain them, regardless of whether the individual is aware of the existence of these rights, regardless of the subject's age, intelligence, economic status Regardless of differences in strength, social status, etc., everyone should equally enjoy personal rights. It arises with the birth of a citizen or the establishment of a legal person, and disappears with the death of a citizen or the logout of a legal person.
(2) Personal rights are civil rights that have no property content and are not directly reflected in certain property interests.
Personal rights are based on the subject’s specific personal or personality interests. This One thing distinguishes personal rights from property rights, that is, personal rights are non-property. Generally speaking, the objects of personal rights such as name, life, portrait, reputation, etc. are not property. They cannot be estimated and measured with money like tangible property. Instead, they represent the spiritual interests of civil subjects. Infringement of personal rights will inevitably cause the subject's mental pain, and can only damage the subject's spiritual interests. Of course, some special personal rights, such as the right to a legal person's name, have the dual attributes of property rights and personality rights, but this is only an exception.
(3) Although personal rights have no property content, they are related to the property rights of the right subject to a certain extent
The non-property nature of personal rights only means that personal rights do not have direct property content, but It does not mean that there is no connection between personal rights and property. In fact, there is a certain correlation between personal rights and property, which is another characteristic of personal rights. Personal rights are the prerequisite for an individual to exist as a social person and are also a necessary condition for individuals to engage in social interactions and activities. The enjoyment of personal rights will directly determine or affect the enjoyment and exercise of a person's property rights, thereby affecting the scope of a person's acquisition of property. On the other hand, damage to personal rights often indirectly results in loss of the victim’s property. In this regard, the correlation between the personality rights of legal persons and property is particularly prominent. For example, misappropriating a legal person's name or disparaging a legal person's reputation will not only affect the legal person's credibility and reduce the legal person's customers, but will also cause difficulties in the performance of contracts between the legal person and others and confusion in corporate management, which will undoubtedly lead to losses of the legal person's property. Therefore, personal rights and property rights are closely related.
What are personal rights and property rights?
Personal rights refer to rights that are inseparable from or have no direct property content, also known as personal non-property rights. Property rights mainly include five types of rights. Real rights, creditor's rights, equity, intellectual property rights, and other rights with property content all belong to property rights.
Personal rights and property rights together constitute two major categories of basic civil rights in civil law. Personal rights include two categories: personality rights and identity rights:
1. Personal rights include life rights, body rights, health rights, name rights, title rights, reputation rights, portrait rights, honor rights, etc. Identity rights include parental rights, spouse rights, relative rights, etc.
2. Identity rights Identity rights refer to a kind of civil rights arising from citizens or legal persons based on certain behaviors or mutual relationships. As a kind of civil right, identity rights are not only established for the benefit of the right holder, but also for the benefit of the counterparty. Therefore, the right holder must also perform corresponding legal obligations when exercising various identity rights conferred by the law in accordance with the law.
Identity rights mainly include: spousal rights, parental rights, kinship rights (custody rights), honor rights, and identity rights in intellectual property rights (copyright, invention rights, patent rights, trademark rights, etc.).