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ID 51548
file
title alternative
Personality rights in Chinese law (1949-2020)
creator
abstract
After the reform and opening-up policy in 1979, China added a new provision of “inviolability of dignity of personality” in its constitutional law, reflecting on the lessons learned from human rights violations during the Cultural Revolution. In 1986, it promulgated the General Principles of Civil Law to protect personality rights, granted legal remedies for victims of infringement of individual personality rights such as the rights to life, health, name, image, reputation, and honor. Later, the scope of remedies was extended to cover the right to privacy. In addition, The Civil Code of China enacted in 2020 stipulated the general right of personality as well as individual personality rights. But in contrast, the development of constitutional personality rights was not as smooth as the one in civil law. Constitutional personality rights will be one of the hot issues under Chinese law in the future.
journal title
The Hiroshima Law Journal
volume
Volume 45
issue
Issue 1
start page
206
end page
160
date of issued
2021-03-15
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Humanities and Social Sciences
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