Article 1001 of the Civil Code provides for the protection of identity rights for the first time,and adopts a two-tier legislative design of application and reference to the protection of identity rights,thus providing the rights of identity with the possibility and extension of application protection by reference to the rights of personality,further improving the protection of identity rights in the context of the Code.The core of the accurate application of Article 1001 of the Civil Code,which brings into play its original legislative purpose and value,lies in the interpretation of the"application by reference"of the protection of identity rights.Firstly,it is necessary to clarify the understanding of identity and identity rights in the Civil Code and to clarify the meaning of identity rights in the Civil Code.Secondly,the original intent of the law should be followed,and the legal norms that can be directly applied to the protection of identity rights should be sorted out in terms of the level of application;finally,while strictly adhering to the requirement of"in accordance with its nature"in the definition of the law,the value implication of identity rights should be supplemented with the comprehensive"application by reference"of the codification of personality rights.In the end,while strictly adhering to the requirement of"in accordance with its nature"in the text of the law,the normative consideration of the"reference application"of the personality rights codification is supplemented by the value implication of the identity rights,with a view to achieving the original legislative intent of the civil code to improve the protection of identity rights.
identity rightsprotection of personality rightscross-referenceapplicationpersonality codification
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