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随着人格侵权案件的增加,仅靠法官依据宪法和民法的基本原则和精神,通过自由裁量的方式来裁决案件显然已经达不到法律发展和经济生活的要求。由于具体人格权受到内容例举的限制,很多人格利益得不到保护,造成人格自由、人格尊严的损伤。一般人格权的引进正好弥补了具体人格权规定的不足。一般人格权的外延广泛,权利客体高度概括,主体普遍存在,对于一般人格利益的保护具有重要意义。
With the increase of cases of personality infringement, the judge, judging from the basic principles and spirit of the constitution and civil law, judges that the case apparently has failed to meet the requirements of legal development and economic life only by means of discretion. Due to the restrictions on the content of specific personality rights, many personal interests are not protected, resulting in personal freedom and personal dignity damage. The introduction of the general right to personality just make up for the lack of specific personality rights. The extension of general personality rights is extensive, the object of rights is highly generalized, and the subject is ubiquitous, which is of great significance to the protection of general personality.