Constitutional Nature of Personality Rights and Its Manifestation in Civil Law  

作　　者：陈斯彬 CHEN Sibin(School of Law of Fujian Normal University.Doctor of Laws)

机构地区：[1]School of Law of Fujian Normal University.Doctor of Laws

出　　处：《The Journal of Human Rights》2023年第4期804-825,共22页人权（英文版）

摘　　要：The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements.

关 键 词：general personality rights constitutional personality rights SELF-REALIZATION SELF-DETERMINATION human dignity 

分 类 号：D913[政治法律—民商法学]