1. The characteristics of personality rights are: (1) Personality rights are a primitive right and are innate. At this point, personality rights, like rights and abilities, begin at birth and end at death. As far as personality rights are concerned, the acquisition of rights does not matter. In the case of name rights, the right holder acquires the name rights to a certain name, perhaps from the time of naming or from the time of use, but it is still said that he enjoys the right to a special name as soon as he is born. (2) Personality rights are exclusive rights, or exclusive rights for one person. Personal rights are exclusive to the right holder and cannot be transferred or inherited. Like rights and capabilities, they cannot be abandoned or exercised by others. (3) Personality rights are absolute rights, exclusive and universal. Personal rights can be against everyone. When personality rights are infringed, there are various rights to claim just like when property rights are infringed.
General personality rights refer to the comprehensive rights targeting all personality interests of civil subjects, mainly including the right to personal dignity, freedom and equality. Personality rights specifically include: right to life, body, health, personal freedom, privacy, reputation, honor, name, name, portrait, identity, spouse, etc. Personality rights are civil rights that take the personality interests of the right holder as the object (object of protection). The recognition of personality interests has gradually deepened with the development of the times, so the scope of personality interests has been expanding day by day, and the content of personality rights has become increasingly rich.
2. Principle of presumption of fault. It is not up to the victim to provide evidence to prove it, but to infer that the infringer is at fault from the fact of the damage itself, and to determine the principle of attribution of the infringer's tort liability accordingly.
The presumption of fault, also called the presumption of negligence, in tort law means that when the victim can prove the causal relationship between the illegal act and the fact of damage during the lawsuit, if the infringer cannot prove the damage If the defendant is not at fault for the injury, then it is presumed from the fact of the injury that the defendant was at fault in the act that caused the injury, and shall be liable for compensation.
The victim does not have to prove the subjective fault of the other party, but directly infers that the perpetrator is subjectively at fault from the objective elements of the fact of damage and its causal relationship with the illegal act; if the perpetrator believes that he is subjectively innocent If you are at fault, you must prove it yourself. If proven, the presumption of fault will be overturned and tort liability will be denied. Otherwise, you should bear civil liability for infringement.
The value of the system lies in protecting the rights and interests of victims in cases where proof is difficult to prove under special circumstances. The occurrence of behavior in special fields has harmed the rights and interests of others, without considering subjective fault, and maintaining the fairness of equal subjects. in principle.
Applicable situations (Civil Regulations):
① Behaviors that cause harm to people by engaging in highly dangerous activities
② Behaviors that cause harm to people by polluting the environment
③ The behavior of raising animals that causes harm to people
④ The behavior of unqualified products that cause harm to people
3. Similarities and differences between identity rights and personality rights:
< p>Same: Both belong to the category of personal rights:Identity rights refer to the civil rights arising from citizens’ specific identities. It is also an important part of personal rights. The right to identity is not enjoyed by everyone. Identity rights mainly include personal rights in intellectual property rights such as honor rights, copyrights, invention rights, patent rights, trademark rights, etc., as well as guardianship rights, family rights, etc.
Personality rights refer to the comprehensive rights targeting all personality interests of civil subjects, mainly including the right to personal dignity, freedom and equality. Specifically, they include: rights to life, body rights, health rights, personal freedom rights, privacy rights, reputation rights, honor rights, name rights, name rights, portrait rights, identity rights, spouse rights, etc.
Personality rights are
differences:
The rights are obtained in different ways, identity rights are specifically acquired by citizens; personality rights are inherent to citizens at birth;
In the subject scope, different identity rights belong to specific citizens. For example, the right to marital status only belongs to the person who entered into the marriage relationship; the personality rights are universally possessed by citizens;
The rights to different identities are relative to the objects of rights, such as The relative object of the right of marital status is only the other half of the relationship between husband and wife; the right of personality is an absolute right, a right to the world, and all other rights are not allowed to interfere;
The time when the rights will be extinguished will be specifically eliminated by citizens of different status rights, such as the marriage relationship The dissolution of the couple’s identity rights will be eliminated; the personality rights will be eliminated when the citizen dies;