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人格权的基本问题,首先须确定其利益范围。比较法上有一般人格权模式、具体人格权模式和侵权行为法模式。司法实务因涉及与相对利益的衡量而分化严重。人格权保护最好的方式是,是通过预防性禁令排除妨害;一旦侵权行为已然发生,可颁发补偿性禁令消除危险;此外,还可以主张实物复原。人格权的特殊挑战,主要涉及大众传媒与网络。前者应经过价值判断、事实陈述、隐私话题的三阶段利益衡量;后者的核心问题是,谁应担责,以及担责的条件是什么。
The basic issue of personality rights, we must first determine the scope of their interests. The comparative law has the general personality right mode, the specific personality right mode and the tort law mode. Judicial practice is severely divided due to the measurement of relative interests. The best way to protect the right to personality is to get rid of the prejudice through preventive injunctions; once the infringement has happened, a compensation injunction can be issued to eliminate the danger; in addition, you can advocate physical recovery. The special challenge of personality rights mainly involves the mass media and the Internet. The former should be judged by the three stages of value judgments, factual statements and privacy topics. The latter is the core question of who should be responsible and what the conditions of responsibility should be.