Civil Code legislation plans to further clarify the scope of personality rights

Published: 2019-08-22    Source:

Xinhua News Agency, Beijing, August 22 (Reporters Cao Dian and Huang Yue) The third review draft of the personality rights section and the tort liability section of the Civil Code were submitted to the 12th meeting of the Standing Committee of the 13th National People's Congress for review on the 22nd. Among them, the third review draft of the personality rights section further clarified the scope of personality rights.

Previously, the second draft of the draft of personality rights was openly solicited from the public for opinions. Some opinions believed that personality rights are the core concept in the personality rights, and suggested that the definition of this concept be defined to clarify which rights belong to personality rights. In this regard, the third review draft of the Civil Code's Personal Rights section has added a provision: Personal rights are the rights to life, body, health, name, name, portrait, reputation, honor, privacy and other rights enjoyed by civil subjects, and a separate provision on the legal protection of the personality rights of civil subjects has been added.

In addition, the third review draft of the draft on personality rights also clarifies that scientific research activities related to the human body must not harm public interests. The second draft of the draft stipulates that those engaged in medical and scientific research activities related to human genes, human embryos, etc. must abide by laws, administrative regulations and relevant national regulations, and must not endanger human health or violate ethics. The third review of the draft adopted the opinions of all parties and added a provision to this article: engaging in such activities "must not harm public interests."

It is understood that in the third review of the draft of the tort liability section of the Civil Code, the following modifications were made to the provisions of the second review of the draft, such as "self-acceptance of risks": First, if one voluntarily participates in cultural and sports activities with certain risks and is damaged due to the behavior of other participants, the victim shall not request other participants to bear tort liability, except where the other participants are intentional or grossly negligent in causing the damage. Second, if the organizer of the activity is an educational institution such as a school, the relevant liability regulations of the school and other educational institutions when students suffer personal injury shall apply.

At the same time, the third review draft of the infringement liability section of the Civil Code also improves the relevant rules for network service providers to respond to infringement notices, stipulating that after receiving a notice, network service providers should promptly forward the notice to relevant network users and take necessary measures according to different types of services.


Author: Editor

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