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International Journal of Frontiers in Sociology, 2024, 6(3); doi: 10.25236/IJFS.2024.060301.

Analysis and Legal Improvement of Foreign-related Infringement of Personal Rights in China

Author(s)

Wu Qiong

Corresponding Author:
Wu Qiong
Affiliation(s)

Faculty of Law, Macau University of Science and Technology, Taipa, Macau, 999078, China

Abstract

Foreign personality rights infringement cases, especially those involving high-profile parties, always attract attention in society. The issue of private law protection of foreign personality right, especially the parties in other countries or regions as the infringer, i.e., the plaintiff filed a lawsuit, how to identify the protection of their personality right, and how to maximize the protection of their legitimate rights and interests, combined with the relevant theories of jurisprudence, and to better solve the real-life infringement disputes from multiple perspectives, has become the current private law protection of foreign personality right is worthy of attention. Through the comparison between China and foreign countries and the categorization research of the principles of legal application of foreign personality infringement, combined with the support of legal theories, we seek to solve the feasible legal path to resolve the existing conflicts in this field.

Keywords

Foreign-related personality rights; Private law protection; Conflict resolution

Cite This Paper

Wu Qiong. Analysis and Legal Improvement of Foreign-related Infringement of Personal Rights in China. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 3: 1-7. https://doi.org/10.25236/IJFS.2024.060301.

References

[1] China Judgements Online. https://wenshu.court.gov.cn/

[2] Zou G. Y., Li Y. C. (2023) Judicial review of the applicability of the “Catch all Clause" in the law of foreign civil relations: Misunderstandings and corrections. International Law Journal (03), 19-41, 153-154.

[3] Reese W. L. (1973) Dépeçage: a common phenomenon in choice of law. Colum. L. Rev., 73, 58.

[4] Thiede, T., McGrath, C. P. (2011). Mass Media, Personality Rights and European Conflict of Laws. Personality Rights and European Conflict of Laws (March 27).

[5] Du, X. L. (2013). The Coexistence and Integration of Multiple Approaches to Contemporary Legal Choice. WU International Law Review (01), 62-67.

[6] Huang, C. H. (2015). Judicial harmonization of legal application of international personality right infringement: from EU to China. Politics and Law Forum (02), 104-119.

[7] Liu, R. S. (2019). Private International Law and the Construction of the Human Fate Community--Based on the Implementation of the Law Applicable to Foreign-related Civil Relations. Beijing: Law Press, 416-418.

[8] Xu, W. G. (2019). Study on the Implementation of the Applicable Laws on Foreign-related Civil Relations. Beijing: Law Press, 136.

[9] Xu, Q. K. (2019). Study on the Judicial Interpretation of the Applicable Laws on Foreign-related Civil Relations. Beijing: Law Press, 272-273.

[10] Xu, W. K. Zhang, Y. J. (2023). From Single to Multiple: Reflection and Reconstruction of the Legal Application System of Cross-border Personality Right Infringement on the Internet. International Law Research (02), 99-122.

[11] Lui W. C. (2023). Conflict and Reconciliation: A Study on the Legal Application of Foreign-related Personal Information Protection Disputes. (Eds). Shanghai Law Studies, 22, 247-257. doi:10.26914/c. cnkihy. 2023.003406.