Theoretical Foundations and Institutional Embodiments of Innovation in the Independent Knowledge of the Personality Rights Law

The independent knowledge innovation of the personality rights law is premised on clarifying the distinction between natural personality and legal personality, is also rooted in the theoretical foundations of the normative separation between legal personality (subject) and personality rights, as well as the inherent connection between natural personality and personality rights. The institutional innovation in the personality rights law derived from these foundations is not only reflected in the formal innovation of the independent compilation of personality rights in the Civil Code but also demonstrated in the substantive content innovation of the personality rights law, which includes:(1) the expansion of personality rights content, such as the establishment of personality rights in the digital society, the broadening of the connotation of spiritual personality rights, and the regularization of ethical considerations in personality rights; (2) the distinction between personal use and property-related use in utilizing personal identifiers (particularly personal information); and (3) the development of personality rights protection norms, including the addition of general personality rights, the contextual differentiation of liability for infringement damages in personality rights, and the establishment of rules on injunctions against personality rights infringement. Only under the guidance of the theoretical foundations of the independent knowledge innovation of the personality rights law can the institutional innovation of the personality rights law be effectively implemented in its practical application.