Debating Personality Rights Protection in China: A Comparative Outlook

(2018) 26(1) European Review of Private Law 31-55.

Posted: 31 Aug 2018

See all articles by Lei Chen

Lei Chen

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Date Written: August 23, 2018

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.

Keywords: Personality Rights, Chinese Civil Code, Comparative Law, Privacy, Remedies, Case Law

Suggested Citation

Chen, Lei, Debating Personality Rights Protection in China: A Comparative Outlook (August 23, 2018). (2018) 26(1) European Review of Private Law 31-55. . Available at SSRN: https://ssrn.com/abstract=3237273

Lei Chen (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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