w88 casino News(Contributed by Law w88 casino)On the evening of May 16, 2019, Professor Wang Liming, Executive Vice President of Renmin University of China, was invited by Dean Shi Jingxia to attend the twelfth lecture of the "Shen-Feng Legal Famous Forum" and gave a wonderful lecture on "Highlights and Shortcomings of the Draft Part of Personal Rights of the Civil Code" for teachers and students in w88 law. The lecture was hosted by Dean Shi Jingxia. Professor Mei Xiaying, Director of the Department of Civil and Commercial Law of the Law w88 casino, and more than 200 teachers and students attended the lecture. The whole lecture lasted more than 2 hours. Professor Wang Liming used clear and simple explanations to bring an academic feast of civil law to the teachers and students.
At the beginning of the lecture, Dean Shi Jingxia first gave the audience an overview of Professor Wang Liming’s rich academic experience in law and his important contributions to Chinese civil law. Professor Wang Liming is a famous civil law scholar in my country, the first doctor of civil law in New China, executive vice president of Renmin University of China, Yangtze River Scholar Distinguished Professor of the Ministry of Education,"New CenturyNational candidate for the "Hundreds and Thousands of Talents Project", enjoys special government allowances from the State Council. Professor Wang Liming has published more than 200 academic papers in core journals and dozens of personal monographs, making contributions to the research and expansion of Chinese civil lawMaking significant contributions.The main line of this lecture is based on the academic paper "Highlights and Improvements of the Draft Personal Rights of the Civil Code" published by Professor Wang Liming not long ago.
Professor Wang Liming first talked about the necessity of an independent chapter on personality rights in the Civil Code in his lecture. He pointed out that high-tech development has brought threats to people's privacy, but at the same time it is necessary to maintain human dignity. And with the development of society, this necessity becomes more and more prominent. The compilation of our country's civil code should respond to this. The existence of traditional German civil codeThe emergence of the personality rights series can fill the defect of "valuing things over people". Professor Wang Liming particularly emphasized that through the legalization of personality rights in civil law, the rights granted to citizens by the Constitution can be more effectively protected.
In the main part of the lecture, Professor Wang Liming analyzed it in detail, focusing on the ten highlights of the personality rights section of the Civil Code. Includes:
First,The draft effectively balances the relationship between the legality and openness of personality rights. This makes the protection of personality rights and interests in civil law both supportive and flexible.
Second,The draft clearly stipulates the right to claim personality rights. The independent relief methods of personality rights make the protection of personality rights in judicial practice more efficient.
Third,The draft clearly stipulates the pre-litigation injunction system. This will help strengthen the protection of personality rights and promptly prevent the occurrence and expansion of damage.
Fourth,The draft confirms the principle of safeguarding the dignity of life. The meaning of life not only belongs to the individual, not only the rights of the individual, but also reflects the interests of society. The effective maintenance of the dignity of life is the core of the content of personality rights.
Fifth,The draft stipulates rules for prohibiting and preventing sexual harassment. This infringement of human dignity is expected to help resolve relevant disputes through clear requirements.
Sixth,The draft further regulates research activities such as human genes and human embryos. It is of far-reaching significance to constrain the basic norms of scientific research activities and maintain basic scientific and technological ethics.
Seventh,Expanded the scope of protection of portrait rights. From face-centered to recognizability as an important criterion, it is prohibited to use information technology to forge other people's portraits and voices, and to expand the protection of voices, which reflects the followingThe needs of high-tech development in the 21st century.
Eighth,The draft clearly stipulates the rules for the economic utilization of certain personal rights and interests. The principle that personal dignity takes precedence over general property values and property interests reflects the value tendency of law in the new era.
Ninth,The draft further improves the privacy system. The distinction between privacy and personal information is more conducive to privacy protection and can increase the protection of life peace.
Tenth,The draft further improves the rules for personal information protection. The personal dignity demonstrated by the right to information self-determination reflects the advancement of personality rights with the times.
In the specific explanation, Professor Wang Liming quoted a large number of vivid cases in judicial practice and closely combined with many hot issues in the current field of civil law, such as views and regulations on euthanasia, new issues and responses to the protection of personality rights raised by technological developments such as artificial intelligence, face recognition technology, and gene editing, how to regulate sexual harassment from the perspective of personality rights, and the expansion of protection of portrait rights in the context of highly developed technologies, etc., which aroused strong resonance and positive thinking from the audience present.
In the third part of the lecture, Professor Wang Liming talked about several shortcomings in the draft of the Personal Rights of the Civil Code. First, the personality rights section should be placed in the first section of the sub-section, which is in line with the provisions of the General Principles of Civil Law on the protection of civil rights, that is, the protection of personal rights and property rights. Second, in terms of personal information, personal information should be recognized as a right from legal interests so that it can be better protected. Third, it should be increased“Right to Respond” Provisions. This right refers to media with regular circulation. If the reports therein involve specific individuals, the relevant individuals have the right to request the media to respond to the relevant facts within the statutory period.
Professor Wang Liming finally concluded that the compilation of personality rights in the Civil Code embodies the development of our countryThe compilation of the Civil Code in the 21st century embodies the spirit of advancing with the times and the rule of law. The compilation of personality rights responds to the needs of the times and the need to safeguard human dignity. It is a major pioneering and positive innovation in the compilation of the Civil Code in our country.The independent establishment of personality rights is not only the only way to strengthen the protection of personality rights at this stage, but also an important measure that will serve the present and benefit the future.
Dean Shi Jingxia briefly commented on Professor Wang Liming’s explanation. First, as a master of civil law, Professor Wang Liming's research fields are extensive and in-depth in various important fields of civil law. Therefore, although the lecture focuses on personality rights, the explanation of specific issues spans the entire civil code, with comparison and analysis. Second, from Professor Wang Liming’s explanation, we can see how the development of technology drives legal innovation. The provisions of the draft on personality rights reflect the law’s new response to new issues raised in the development of science and technology in many aspects. As legal professionals, we should pay attention to the development of technology and actively think about its impact and changes on the law. Third, the independent compilation of personality rights and its many highlights reflect the protection of the core value of human dignity. This coincides with the ultimate value pursued by the Policy Orientation w88 casino (or "New Haven w88 casino") originated from Yale University - the essence of safeguarding human dignity. It also once again demonstrates the many commonalities in the conceptual values of international law and domestic law.
The question and answer session that followed was exciting and lively. The students asked Professor Wang Liming for advice on many issues such as whether my country should separate the right to commercialize personal information from personality rights for legislation, the w88-off between personality rights and freedom of media publication, how to view surrogacy and related personality rights issues, whether to refer to the necessity and operability of the right to be forgotten in EU legislation, conflicts and resolutions between personality rights and other rights, the conflict between breach of contract and damage to personality rights in the draft of personality rights, and the protection of non-personal information. Professor Wang combined his many years of research and extensive knowledge to give wonderful and detailed answers.
Professor Mei Xiaying from the Law w88 casino shared his experience of listening to this lecture with the audience. He believed that Professor Wang Liming's lecture concisely outlined the important position of the personality rights section in civil law, emphasized the irreplaceability of the personality rights section, and clarified many misunderstandings and blind spots in people's understanding of personality rights issues.
Through this lecture, the teachers and students of the Law w88 casino of the University of w88 and Economic Cooperation deeply felt the importance of personality rights in the compilation of the civil code, and were impressed by Professor Wang Liming’s extremely profound and solid professional abilities and rigorous and thoughtful legal spirit. Dean Shi Jingxia presented a photo to Professor Wang Liming on behalf of the w88 casino of Law. The lecture ended successfully with thunderous applause from the audience.
