荣誉权立法规制探究

我国学者在理论上对于荣誉权是否应作为一项独立的民事权利以及荣誉权的性质、客体和内容如何界定都存在激烈争议。由此也导致了实践中如何认识荣誉权侵权行为的构成要件和荣誉权侵权的民事责任等疑问。文章认为荣誉权应作为一项独立的身份权由立法加以规定,荣誉权的客体应包括荣誉及由此产生的精神利益,相应地,荣誉权的内容应包括荣誉保持权和精神利益支配权。在此基础上,通过立法对荣誉权的性质和内容的明确规定以加强对荣誉权的保护。

The Research of The legislation About The Right To Honour

We should reconstruct civil rights system in the theory of civil law before our civil law code is worked out. But there are heated arguments about the rights to honour in theory. Is it a independent rights? What is the content of the rights to honour and what are the objects of it? Then ,the arguments cause the questions of constitution of tort and application of the forms of civil liability in practice. By the method of comparative analysis, we think that the rights to honour is one of the rights of personal status , the objects of the rights to honour consists of honour and the spiritual profits from honour, the content of the rights to honour consists of the rights to keep this honour and arrange the spiritual profits. Based upon them, we should protect the rights to honour by our civil code.