www.public4you.fora.pl

px941934

On the human rights and personal rights

Infringer to find a balance, in addition to the behavior of the infringer caused damage to others, while economic interests of the infringer to pay appropriate compensation to victims, no pay other benefits and costs, although this can not be said to be encouraged and to encourage infringement were illegal, but at least would not achieve the role of the law should punish in order to reduce the occurrence of violations and violations of product quality and frequency of traffic infringement cases can not be said of the penalties and the law is weak, not enough to form against infringers deterrence has nothing to do; Third, personality rights, upon request by the spirit of damages against the main body of the scope of further expansion. By a separate request by the spirit against the main receive damages to the victim's spouse, parents, children have to request compensation for moral damage, you can show that the legal certainty of the existence of moral rights of the deceased, the deceased's personality rights laws also should be protection, not die right off. It also shows that our law has recognized the victims of infringement will not only bring spiritual harm to the victim but also the spouse, children and parents to bring spiritual harm, and these relatives of the victims the right to request compensation for moral damage; its Fourth, in recent years, local people's courts at all levels of mental damages many cases, these personality infringement cases, and some influence in certain geographical area. Some of an impact across the country, is protected by law the right of personality an important manifestation. Third, human rights and personality rights, human rights and personality rights, contact contact mainly in the following aspects: First, human rights and personal rights are the rights of natural persons (legal persons are also entitled to certain moral rights); second. Extension of the concept of human rights far more than the extension of the concept of moral rights, personality rights are an important part, in a reflection of the legal protection of human rights; the third, human rights also reflects the personality of an interest, this part of the personality closely related to interests and personal rights, not personal interests of human rights is abstract, empty and no content in the fourth. Human rights as an ideological, spiritual and times. For the legislative right of personality plays an important guiding role of the human spirit embodied in the character of the substance of Meimei equality, liberty and human dignity, etc.; Fifth, the full enjoyment of human rights and effective protection of 69, and promoted the legislative right of personality and effective legal protection of personality rights protection and the protection of human rights from due to legal, is to strengthen human rights protection; Sixth, human rights and personality rights where the existing weight bench, weight bench who did not place, and its weight bench where both human rights, but also a personal right, it does not re-sets between human rights, the rights to the Human Rights from the legal right, to implement the right to still have a very long and hard, rough way to go. D the difference between human rights and personality rights and personality rights is the difference between the right to discuss human rights and personality rights should be a lot of areas of concern. 1, an international human rights legislation, international, regional and domestic legislation, the corresponding human rights by international human rights law, international and regional human rights law, the protection of domestic human rights law, but only the domestic legislation the right of personality, he is only protected by domestic law. 2, the protection of human rights violations is well received by the law, but also to withstand the public, organizations, national and international human rights organizations, public opinion and moral supervision, condemnation and sanctions, but only limited to personality rights norms in domestic law within the scope of protection. 3, the common will and interests of human decisions, human rights with international, international regional and national nature of the performance of ordinary human rights, and moral rights with the domestic nature to be universal in terms of one country to the world with specificity. 4, the content and the protection of human rights is often subject to a country's political, international political influence, international human rights has often become a tool of struggle, and the general personality right from the domestic and international political influence, the same can not be an international struggle. 5, the protection of human rights is well received by public law, but also protected by private law, but only by the private law of personality rights protection. 6, human rights constrain the exercise of power and resistance. The general personality right does not constrain the exercise of power. 7, human rights and the different nature of the contents of personality rights, human rights, including political interests, the squeeze interests, cultural interests and other aspects of nature and the spirit of moral rights only showed interest. 8, the origin of a wide range of human rights law, including international and domestic human rights law, charters,[link widoczny dla zalogowanych], declarations, etc., but typically only the origin of civil rights law. Research on human rights and personality rights have yet to be deep, human rights research and study in terms of depth and breadth of view, yet to be strengthened, not involved in many areas of human rights, which is a major shortcoming for Human Rights Studies. Although the legislative right of personality is more mature and well, but in the country against what moral rights should take the responsibility. States should not be the same as other subjects. Commitment, compensation and other pending legislation and judicial interpretation. [Author: Daqing College of Business Administration and Law I] (Editor: Maya beads only) 70