Dilemma and Solution to the Protection of Personality Rights in Administrative Law
The personality rights section of The Civil Code encompasses numerous administrative norms,which underscore an ele-vated standard for fostering a law-based governance system in China.These provisions aim to safeguard citizens'personality rights within the framework of administrative legal relationships.Amid the constitutional pillar of human dignity,the expanding scope of administrative law,and prevailing societal demands,safeguarding personality rights within administrative law becomes impera-tive.Upon scrutinizing administrative trial cases,it becomes evident that when individuals sue administrative bodies for infringe-ment of their personality rights,their claims often encounter challenges.This stems primarily from limitations inherent in legal norms pertaining to personality rights and traditional administrative practices,coupled with a scarcity of normative provisions spe-cifically addressing the protection of personality rights in administrative law.This normative deficit underpins the notable inadequa-cy of China's administrative law mechanism for safeguarding personality rights.In the theoretical landscape marked by the inter-play and convergence of public and private law,it is of great practical significance to prove the functional value of the administrative norms in The Civil Code for safeguarding the personality rights in the administrative law.At the same time,The Administrative Code under preparation should incorporate a dedicated chapter outlining administrative rights,thereby facilitating a systematic ap-proach to the protection of civil rights.
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