Debating Personality Rights Protection in China: A Comparative Outlook
(2018) 26(1) European Review of Private Law 31-55.
Posted: 31 Aug 2018
Date Written: August 23, 2018
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
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