著作人身权性质辨析

认为著作人身权是身份权的观点,只看到现象而忽视了著作人身权本质;认为著作人身权是财产权的观点,是对人格权的本质属性存在误解,没有看到社会人格权能够转让的属性。著作人身权是特殊的人格权,取缔或者合并到民法中的人格权中都是不可取的,而应该在现有基础上对著作人身权的内容加以完善。

Analysis on the Personal Right of Author and the Personal Right of Civil Law

There are two wrong opinions on personal right of an author： one insists on that personal right of an author is the right of identity, the other considers it as property right. The former view only sees the phenomenon of personal right of an author but ignores its essence, and the latter view misunderstands its essential characteristic. It is arguable that personal right of an author is a special social personal right which shouldn＇t be merged into the personal right of civil law, and that personal right of an author should adhere to its primary meaning and be improved in details.