Recently, a young man in Hubei wanted to be "Lu Yi". Lu Yi had no choice but to say: "His face is not registered, and it is his freedom to be what others want to be. I can't interfere. "
According to the General Principles of the Civil Law, citizens have the right to portrait, and they are not allowed to use their portraits for profit without their consent, otherwise the right to portrait will be violated. Does the face have a "patent right"? Does the act of creating the necromancer violate the portrait rights of celebrities?
For cosmetic surgery, there are no relevant laws and regulations in China at present. According to the principle of "nullum crimen sine lege", cosmetic surgery is understandable as long as it does not infringe on the interests of others and the public interest.
There is no law in our country that prohibits citizens from changing their appearance at will, but it does not mean that citizens have the freedom to change their appearance. Even if citizens enjoy such rights, the exercise of freedom of appearance change should be restricted accordingly. As long as "pirated stars" don't impersonate themselves, they don't involve infringement of portrait rights. For example, "Hubei youth's request to' copy Lu Yi' did not infringe on Lu Yi's portrait right, but only put forward their own reference standards for cosmetic surgery, which is not illegal. Even if the result of cosmetic surgery is really 70% to 80% similar to that of Lu Yi, this behavior cannot be characterized as infringement. " After plastic surgery, it is possible to adjust various valid documents such as ID card and household registration certificate with the administrative permission of the state. When he is engaged in civil activities, he acts in his own name, and his responsibility does not involve infringement.