【Explanation】 In the draft of the Civil Code that will be submitted to the Third Session of the 13th National People's Congress for review, personality rights are compiled independently, which systematically regulates personality rights. This is regarded as a highlight and creation of the compilation of the Chinese Civil Code. What are the reasons and significance of the independent compilation of personality rights? A few days ago, experts from the Legal Work Committee of the National People's Congress responded to related topics.
[Commentary] Shi Hong, deputy director of the Civil Law Office of the Legislative Affairs Commission of the Standing Committee of the National People ’s Congress, said that the personality rights editor is independent, and one of the reasons is the practical need. With the development of science and technology and technological innovation, a lot of new situations and problems have emerged in the field of protection of personality rights, and more detailed rules need to be explained.
[Same period] Shi Hong, Deputy Director, Civil Law Office, Legal Work Committee, NPC Standing Committee
The first new situation is that there are more and more types of personality rights. The traditional personality rights are the rights to life and health, but in the past 20 years, many new personality rights have emerged, such as the privacy rights that everyone pays more attention to and the personal information protection questions you have just asked, including the protection of sound. These new personality rights need to be protected; second, the relationship involving personality rights is becoming more and more complicated. Personality rights are indeed different from other rights because he wants to weigh different social relationships in protection. For example, in the protection of the right to life, it may involve the issue of donation of remains and organs; we say that in the protection of reputation rights, It may be related to public relations supervision. In the protection of personal information, it may involve the relationship with the free flow of information. These relationships are very complex and cannot be explained in one sentence, so it requires more detailed rules.
[Commentary] At the same time, Shi Hong said that with the development of information technology and network technology, the ways of infringing personality rights have become more diversified, and the consequences have become more and more serious, requiring targeted regulations.
[Same period] Shi Hong, Deputy Director, Civil Law Office, Legal Work Committee, NPC Standing Committee
For example, the example is the right of reputation. Compared with the current online media, if the traditional media infringes on a person's reputation, the rapid and large-scale (dissemination) will damage the reputation of the right holder through the network, and the means he infringes (increasingly) diversified , The consequences are getting worse. Of course (with the development of the Internet), as everyone knows, we say that Internet rumors, Internet violence, including human flesh search, these new ways of infringing on personality rights have also appeared. These need to be regulated by law.
[Commentary] Shi Hong introduced that this draft of the Civil Code has a personality rights editor, which is not found in the civil code of other foreign civil law countries. It also shows that China is paying more and more attention to the protection of personality rights.
[Same period] Shi Hong, Deputy Director, Civil Law Office, Legal Work Committee, NPC Standing Committee
(Individual editing of personality rights) is indeed a highlight of our national civil code, it is also a system innovation, and it is not exactly the same as the civil code of other countries. This is a feature. Since August 2018, each sub-division of the Civil Code has solicited opinions for the first time, including during the deliberations of the Standing Committees, most of the opinions are recognized as independent compilations of personality rights, and they are considered as independent compilations of personality rights. Both in form and content, it will greatly promote (China) protection of personality rights.
Reporter Shan Lu from Beijing
Editor in charge: [Lu Yan]