Traditional Culture Encyclopedia - Photography and portraiture - Individual rights mainly include
Individual rights mainly include
First, the right of personality
Personality right refers to the right that civil subjects enjoy based on their legal personality, with personality interests as the object and necessary to maintain their independent personality. Personality right includes concrete personality right and general personality right.
Specific personality rights include: life right, body right, health right, name right, name right, portrait right, reputation right, privacy right and credit right.
right to life
The right to life refers to the right not to be hurt or killed, or the right not to be hurt or killed, as well as the right to obtain life-sustaining material necessities and minimum health protection. This is also the most basic right in human rights.
(2) Personal rights
Body right refers to the right of natural persons to maintain the integrity of their limbs, organs and other tissues according to law. Body right has its unique scope of protection, and infringement of body right does not necessarily cause damage to life and health.
(iii) Right to health
The right to health refers to the right of natural persons to maintain their normal physical and psychological skills and social adaptability.
(4) Name right
The right to name refers to the right of citizens to decide their own names, use their own names, change their names and ask others to respect their names. It is a right with the interests of names as its content. It mainly includes the naming, use and change of names, as well as eliminating the obstruction and infringement of others.
(5) Name right
Name refers to a specific symbol established by legal persons and other organizations to distinguish them from other organizations when they participate in civil activities. The name of a legal person shall reflect its business nature, business activities and affiliation.
(6) Portrait right
Portrait refers to the external representation of the citizen's body, which is objectively reproduced through traditional art and modern science, such as sculpture, photography and portrait. Portrait reflects the true image and personality characteristics of portrait, so portrait can not be separated from the personality of a specific person. Therefore, the right of portrait is a personal right for citizens to enjoy their own portrait interests and exclude others' infringement, and it is a personality right with the interests of citizens' image and characteristics as its content.
(7) Right of reputation
Reputation refers to the evaluation and summary of the morality, talent, reputation, goodwill, qualifications and achievements of a specific citizen or legal person by the society or others. The right of reputation is a personal right enjoyed by citizens and legal persons according to law, and its social evaluation is not infringed by others.
(8) Right to privacy
Privacy, also known as personal privacy, refers to the right of natural persons not to disclose or let others know their personal secrets.
(9) Creditor's rights
The corresponding trust and evaluation of society on the economic ability of civil subjects, and the right to maintain and maintain personality. As civil subjects, both natural persons and legal persons enjoy the credit right according to law, and no one else may illegally infringe upon this right, nor shall credit reporting agencies infringe upon this right.
General personality rights: the right of personality independence, the right of personality freedom and the right of personality dignity.
Second, the right to identity.
Identity right refers to a kind of civil right enjoyed by citizens or legal persons according to certain behaviors or relationships. As a kind of civil right, the right of identity is established not only for the benefit of the obligee, but also for the benefit of the counterpart. Therefore, the obligee must fulfill the corresponding legal obligations when exercising various identity rights endowed by law.
Identity rights mainly include: spouse rights, parental rights, parental rights (guardianship), honor rights and identity rights in intellectual property rights (copyright, invention rights, patent rights, trademark rights, etc.). ).
Legal basis: personal rights in the fourth section of General Principles of Civil Law.
Article 98 Citizens have the right to life and health.
Article 99 Citizens have the right to name, and have the right to decide, use and change their names according to regulations. Interference, misappropriation and counterfeiting are prohibited.
Legal persons, individual industrial and commercial households and individual partnerships enjoy the right to name. Enterprise legal persons, individual industrial and commercial households and individual partnerships have the right to use and transfer their names according to law.
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.
Article 101 Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
Article 102 Citizens and legal persons enjoy the right of honor, and it is forbidden to illegally deprive them of their honorary titles.
Article 103 Citizens shall enjoy the right of autonomy in marriage, and buying and selling, arranged marriages and other acts that interfere with the freedom of marriage are prohibited.
Article 104 Marriage, family, the elderly, mothers and children are protected by law.
The legitimate rights and interests of the disabled are protected by law.
Article 105 Women enjoy equal civil rights with men.
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