Abstract
China is making its own Civil Code. In the last six years, one of the most controversial issues in Chinese civil law is that of how to legislate personality rights. While there are shelve-straining literature within China on this debate, outside of China, comparatively little is known about recent development in the legal protection of personality rights. What is the proposed scope of protection of personality rights? What does the legislative model on the protection of personality rights look like in the future Chinese Civil Code? Specifically, whether there should be a stand-alone book on personality rights into a future Chinese Civil Code and more intriguingly, how to deal with the interplay between the proposed personality rights law and the Tort Liability Law which came into effect in 2010? With reference to the experienced European jurisdictions, this article addresses all these questions and attempts to explore a well- balanced solution on the legal protection of personality rights in China.
| Original language | English |
|---|---|
| Pages (from-to) | 31-56 |
| Journal | European Review of Private Law |
| Volume | 26 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 2018 |
Research Keywords
- Personality Rights
- Chinese Civil Code
- Comparative Law
- Privacy
- Remedies
- Case law
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