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Chinese Law of Personality Rights

Edited by: Wang Liming, Shi Jiayou

ISBN13: 9781032334523
To be Published: September 2022
Publisher: Routledge
Country of Publication: UK
Format: 2-Volume Hardback
Price: £240.00



This two-volume set is a collection of articles that elucidate the theory, practice, legal innovations, and codification experience of the Law of Personality Rights in China.

The Law of Personality Rights was enacted in China in May 2020, the first time that a Law has been legislated as an independent part of the Civil Code of the People's Republic of China and an unprecedented step in protecting the personality rights of citizens. The first volume examines the legal and theoretical basis for the Law as a standalone part of the Civil Code as well as practical issues including institutional arrangements, the relationship between human rights and personality rights and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The second volume explains the design and innovations of the Law and proposes suggestions to refine it through evaluation of the attributes of personality rights and the draft laws.

The volumes will be an essential reference for scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

Subjects:
Other Jurisdictions , China
Contents:
Volume 1
1. On the Reasons for the Separate Compilation of the Law of Personality Rights
2. Discussion on the Positive Right Confirmation Mode of Personality Rights: Also on the Relationship between the Law of Personality Rights and Tort Liability Law
3. Legislation of Personality Rights in China: System, Boundary and Protection
4. Rational Thinking on the Major Controversy over the Compilation of the Law of Personality Rights in the Civil Code
5. Different Opinions on Opposing to the Legislative Decision-Making of the Compilation of the Law of Personality Rights in the Civil Code
6. The Formation, Development and Finalization of the Chinese Experience in the Personality Right Legislation
7. Interest Re-measurement Theory and Institutional Arrangement: From Privacy to Personal Information
8. Relationship between Human Rights and Personality Rights: Also on the Deficiencies of the Relevant Provisions of the General Rules of the Civil Law
9. The Influence of the Independent Compilation of Personality Rights on the Theory and Practice of Marriage and Family Law

Volume 2
1. Major Highlights and Innovations in the Separate Law of Personality Rights
2. The Innovative Development of Personality Right Legislation through the Law of Personality Rights in China's Civil Code
3. When the Ideal Has Been Turned into Reality: From Legislation to Interpretation
4. On the Separation of the Claim of Personality Rights from the Claim of Tort Damage Compensation
5. Pragmatic Combination of Conservation and Innovation: Comments on the Law of Personality Rights in the Civil Law of the People's Republic of China (Draft)
6. Progress and Limitations of Personality Right Legislation: Comments on the Draft of the Law of Personality Rights in Civil Code (Third Review)
7. The Last Opportunity for the Improvement of Personality Right Legislation