The so-called system of the Civil Code is a system of rules that adjusts the relationship between equal subjects and has inherent organic connections. It can also be said to be a logical system that organically combines various rules of the Civil Code in the Civil Code. . Now that the civil code codification project has been launched, the primary problem faced by scholars and legislators is how to construct and establish the civil code system. This article intends to discuss some views on this.

1. The necessity of constructing a civil code system

The fundamental purpose of exploring and studying the civil code system is to obtain a complete system of the civil code, so that in this system With the support, a highly logical and systematic Civil Code was established. It can be said that the establishment of the Civil Code system has decisive significance for the formulation of the Civil Code. This is mainly based on the following reasons:

First, systematization and systematization are the inherent requirements of the Civil Code. . Codex in the modern sense, as the highest form of written law, is a code that pursues systematization and strict logic. The Civil Code is characterized by its systematicity and the logic determined by it. The system is the life of the Civil Code. A "Civil Code" that lacks systematicity and logic can only be called a "compilation of civil laws" rather than a "compilation of civil laws". Call it the Civil Code. The Civil Code must meet the requirements of formal rationality, and this formal rationality is largely reflected in the integrity of its system. Moreover, the formulation of the Civil Code is based on the concept of codification, which is to comprehensively standardize private law relationships involving people's lives under certain principles. (Note: Wang Zejian: "General Principles of Civil Law", China University of Political Science and Law Press, 2001 edition, Page 22.) The system of the Civil Code, which first establishes its status as the pillar and skeleton of the Civil Code, can play the role of pre-planning and outlining, making the Civil Code clear-cut and rigorously structured. Therefore, the establishment of the civil code system is of decisive significance to the formulation of the civil code. Therefore, exploring the system of the Civil Code is determined by the inherent attributes of the Civil Code itself.

Second, systematization helps to fully implement the basic values ??of civil law in the entire civil code system, such as equality, good faith, private law autonomy, maintaining transaction security, etc., and at the same time helps to eliminate Prevent conflicts and contradictions among the values ??of the entire Codex. Although a single line of law can implement one or more civil law values ??in a certain field of social life, it cannot achieve harmony and harmony among many basic civil law values ??in all fields of civil law. As Mr. Wang Zejian, a scholar from Taiwan, my country, said, the formulation of the Civil Code is based on the concept of codification, which means that private law relationships involving people's lives will be comprehensively regulated under certain principles. (Note: Wang Zejian: "General Principles of Civil Law" , China University of Political Science and Law Press, 2001 edition, page 22.) For example, one of the main aspects of modern civil law that differs from ancient civil law is that modern civil law not only focuses on the protection of property ownership, but also on the maintenance of transaction security. When there is a conflict between the maintenance of transaction security and the protection of ownership, modern civil law gives priority to the protection of transaction security. This concept of giving priority to protecting transaction security is reflected in various chapters of the Civil Code. For example, the apparent agency system in the General Provisions, the bona fide acquisition system in the Property Law, and the unauthorized disposition system in the Contract Law all reflect the value choice of giving priority to protecting transaction security. Therefore, only through the codification of civil legal norms can various values ??in civil law be implemented consistently and conflicts and contradictions between them be coordinated.

Third, systematization helps eliminate confusion and conflicts in the current civil legal system, integrate various legal systems into an organic whole, and thereby establish an inherently harmonious and consistent civil norm system. Since many individual civil laws and regulations in our country were enacted at different stages of reform, some laws are also expedient measures adopted to meet the needs for legal adjustments at different stages of reform or to adapt to specific purposes or circumstances.

Due to the lack of comprehensive consideration of the subsequent series of legislative activities at the beginning of legislation, and the failure to consider the systematization of civil law itself, conflicts and contradictions often exist between various laws and regulations. In the process of formulating the Civil Code, by establishing the system of the Civil Code, the confusion and conflicts in the current civil legal system can be eliminated, and various legal systems can be integrated into an organic whole, thereby achieving the unification of my country's civil laws and establishing internal harmony. A consistent system of civil norms. After the establishment of the civil code system, the logical structure of common civil law and special laws can be formed, and a pattern of distinguishing general provisions and specific provisions can be formed in the common civil law. The internal structure of civil law can also be formed with the civil code and individual lines. A harmonious system between civil legislation and special commercial laws. After this system is constructed, a set of strict legal application rules can be formed, which can effectively provide actors with a corresponding system of behavioral norms and provide judges with a complete, harmonious and clear system of adjudication rules.

Fourth, the Civil Code constructed according to a scientific and complete system is conducive to the observance and application of civil law norms. On the one hand, the codification of civil law can provide great convenience for judges and other legal practitioners in the application of civil law. The important feature of the civil code that is different from case law is the convenience of application. On the other hand, systematization will also prompt legal workers to form a systematic thinking concept when applying civil law. Systematization requires us to master systematic civil legal norms. For example, when establishing the right to claim a debt, we should consider system of claims for debts, and only on this basis can we use a systematic concept to apply the law. For example, when analyzing what kind of claims the plaintiff enjoys in a specific case, one should first determine whether there is a contractual relationship between the plaintiff and the defendant, then consider whether there is a claim for management without cause or a claim for unjust enrichment, and finally determine whether there is an infringement. Right to claim damages. Therefore, systematization can encourage legal workers to use systematic concepts to analyze and resolve individual cases, and resolve disputes in social life from an all-round perspective. (Note: Dieter Medicus: Burgerliches Recht, Carl Heymanns Verlag, 1999, p5-9.)

Fifth, systematization helps to ultimately realize social life relations by ensuring the stability of civil legal norms. stability and predictability of people in social life. As Professor Huang Maorong, a scholar from Taiwan, my country, said, the legal system can not only improve the "comprehensiveness" of the law, thereby improving the "practicability" of its application, but also improve the "predictability" of the adjudication, thereby improving the "predictability" of the law. To improve the "stability of law", as long as the system constituted by it is "perfect and flawless", every legal problem can be answered satisfactorily by the operation of logic alone. (Note: Huang Maorong: "Legal Methods and Modern Civil Law", China University of Political Science and Law Press, 2001 edition, page 471.) The systematization of the Civil Code is to abstract the most basic rules in civil society life and add them to the Civil Code. Regulations, through the arrangement of this system, make them stable rules, gain long-term vitality, and will not be changed at will due to a certain national policy.

As for the construction of the civil code system, we cannot completely copy Germany’s five-partition model, but should innovate and develop on this basis. Over the past 100 years, the entire world has undergone tremendous changes. Economic life has become highly complex and diversified, and science and technology have developed rapidly. As the basic law of economic life, the system and content of civil law should keep pace with the times. Times change, and changes are appropriate. "Those who understand change with the times, and those who know change with the times." We must build a civil code system with Chinese characteristics based on China's reality.

And on this basis, we can formulate a civil code that is in line with China's national conditions, reflects the needs of the times, and is oriented to the 21st century. Only in this way can the formulation of the civil code play a huge role in social life and make our response to the development of world jurisprudence. Some contributions!

2. To build a civil code system, we must properly handle the relationship between the Civil Code and separate civil laws

The relationship between the Civil Code and separate civil laws is the key to the construction of our country’s civil code system. a big problem in. On December 22, 2002, my country's first draft Civil Code was submitted to the Standing Committee of the National People's Congress for review. This draft stipulated eight sections in addition to the general provisions, namely: property rights, contracts, personality rights, marriage, adoption, inheritance, and tort liability. , the application of laws in foreign-related civil relations. One of the most controversial issues regarding this system is which individual civil laws should be included in the Civil Code and which ones should not be included in the Civil Code. For example, some scholars believe that adoption law should not be included in the Civil Code, while others believe that various intellectual property laws, such as copyright and patent laws, should be included in the Civil Code. Others believe that trust law, labor law, etc. should also be stipulated in the Civil Code and formed into separate volumes. All opinions are valid.

It should be noted that the system of the Civil Code is not closed, but open. It will change with the development of social economy and culture. If the development of social and economic life in the future really requires some important matters to be When separate civil laws are incorporated into the Civil Code system, it will be extremely necessary to make breakthroughs in the Civil Code system. However, the Civil Code is not an all-encompassing and complex collection of laws, and the compilation of the Civil Code does not mean that any civil legal system should be incorporated into the Civil Code as much as possible. The Civil Code is not all-encompassing. Therefore, the establishment of a civil code system must properly handle the relationship between the civil code and separate civil laws. I believe that the relationship between the Civil Code and separate civil laws should be considered from the following aspects:

First, the Civil Code stipulates basic and universally applicable rules for various civil activities. It is the basic rule in civil society life. It is the most common and basic civil legislation in the entire national civil legislation system. However, social life is ever-changing and complicated. For this reason, a large number of separate laws are needed to adjust various aspects of civil society. a civil relationship. However, not all of these individual civil laws need to be incorporated into the Civil Code. Only the most basic rules that are universally applicable in social life should be stipulated in the Civil Code. Those highly technical rules that only apply to individual and local civil relations should not be stipulated in the Civil Code but should be stipulated in the Civil Code. It is solved by separate laws. For example, the property law mainly solves the relationship between people's possession, use, income and disposal of property in the property rights. This is a rule that is generally applicable in the market economy. However, the trust law only adjusts the trust relationship and is not universal. The relationship arises under special circumstances and is a special rule of property law. Therefore, the property law should be included in the Civil Code, and the trust law should be a separate law outside the Civil Code.

Second, the systems and rules established by the Civil Code should maintain strong stability. As the highest form of written law, the Civil Code must maintain the greatest degree of stability and cannot be frequently revised or abolished. This stability is the basis for the Civil Code to achieve the stability of social relations and the predictability of people in social life. . Some of the Civil Code is even a summary of the rules that have been followed by human market activities for thousands of years. As for those legal rules that often change with social and economic life, they should be stipulated by special civil laws. For example, many of the rules on property rights and creditor's rights in the Civil Code are legal reflections of transaction relationships and have strong stability. The specific rules related to intellectual property rights are constantly changing and developing. If all kinds of highly technical intellectual property rights rules that are constantly changing to adapt to the development of social economy and culture are included in the Civil Code, it will undoubtedly hinder the stability of the content of the Civil Code.

Third, the Civil Code mainly adjusts those basic civil legal rules in the field of private law. As for the legal rules at the intersection of public law and private law, such as labor law, insurance law, social security law, etc., because they themselves are not They are purely civil legal rules, but reflect the nature of strong state public power intervention, so separate legislation should be formulated. For example, German scholars call labor law "special private law." The reason is that labor law is not a completely pure private law, and the conclusion of labor contracts is not based on complete freedom of contract. The state often needs to make a lot of interference. .

Fourth, the Civil Code mainly stipulates the transaction rules of entities and makes principle provisions on procedural issues that are closely related to the rules of entity transactions. For example, the real estate registration rules can make some principle provisions in the property law. stipulations, but those very trivial, specific and highly technical procedural stipulations should be stipulated in separate laws. For example, intellectual property law involving specific procedural rules for patent and trademark registration should not be stipulated in the Civil Code. In this sense, I think that because the adoption law involves a large number of specific procedural rules, most of which are strict restrictions on adoption conditions made by the state based on the interests of the public, some scholars believe that the adoption law There is a certain reason why it should not be included in the Civil Code.

When dealing with the relationship between the Civil Code and separate laws, the most controversial issue is how to arrange intellectual property legal regulations. There is no doubt that intellectual property rights are a type of civil rights, and intellectual property law should also fall within the scope of civil law. Our country has formulated and promulgated the Copyright Law, Trademark Law, and Patent Law. Should all these laws be incorporated into the Civil Code? There are two different views on this. I think it is not advisable to include all separate lines of intellectual property laws in the Civil Code. The main reasons are: first, the intellectual property system itself is a very complex normative system. Intellectual property itself is a comprehensive legal normative system, involving both procedural law and substantive law, public law and private law. It involves both international law and domestic law. Obviously, it is difficult to put it into the civil code. Rather than this, it is better to formulate a special intellectual property law to centrally stipulate the relevant content of intellectual property rights. Second, intellectual property itself is an open legal system. Intellectual property itself is constantly changing and developing. Since the rise of the technological revolution in the middle of the 20th century, a kind of marginal protection law has emerged in intellectual property law, which uses several rules of patent rights and copyrights to create an industrial copyright system, such as Integrated circuit diagram design falls into this situation. As another example, the scope of copyright neighboring rights is gradually expanding with the improvement of communication technology, and rights such as information network communication rights are included in the scope of intellectual property rights. Therefore, once the types of intellectual property rights are fixed in the code, it may not necessarily meet the needs of the development of intellectual property rights. Third, incorporating separate intellectual property laws into the Civil Code will hinder the harmony of the Civil Code system. The Civil Code is the basic law and must maintain a certain degree of stability and cannot be changed overnight. This determines that its rules should be universally applicable and relatively abstract. Intellectual property law has many technical provisions and is highly variable. If this frequently changing law is placed in the relatively stable and systematic Civil Code, it will undoubtedly greatly damage the stability of the Civil Code. I believe that intellectual property rights should not be stipulated in the Civil Code as an independent chapter. If the Civil Code stipulates this, we can consider adopting the second or third model, that is, only stipulating the licensing rules for intellectual property rights, or only recognizing intellectual property rights in the objects of civil rights. This has two effects: First, it declares Intellectual property rights are civil rights. Secondly, it is difficult to stipulate exclusive rules in special laws and can be stipulated in the Civil Code.

3. The elements of legal relationships should be used as the basic idea for constructing the civil code system

Although we cannot completely copy the German model, I think we should learn from the German model and adopt legal relationships. elements to construct our country’s civil code system.

A great contribution of the Pandekton School is to use the elements of legal relations as the skeleton of the general provisions system of the Civil Code. "The creation of the general provisions of the German Code of Laws was of great significance. At that time, German legal scholars believed that: Regarding legal relationship matters, it is necessary to establish general legal provisions." (Note: Chen Qiyan: "Basic Issues in Relatives and Inheritance Law", Taiwan Sanmin Book Company, 1980 edition, page 3.) That is. It is said that the Pandekton School applied the entire theory of legal relations to the code of law and constructed a complete system structure of the civil code. Specifically, the subject, behavior, and object systems are established in the general provisions, and then the content of legal relationships is established in the sub-provisions. This content is mainly civil rights, specifically including creditor's rights, property rights, relatives, and inheritance rights. When the subject, behavior, and inheritance rights are established in the general provisions, The combination of behavior, object and rights in the sub-principles constitutes a complete legal relationship. For example, the combination of subject, behavior, object and property rights system in the general principles constitutes a complete legal relationship of property rights. Since all elements of a legal relationship are present to form a complete legal relationship, this structural model reflects the rigor and scientific nature of the Pandekton system.

If we want to adopt Pandekton’s basic idea of ??formulating the civil code system, then it should be constructed according to the elements of legal relationships, and at least the following contents need to be stipulated: First, the main body system. A subject is a natural person or a legal person who enjoys civil rights and assumes civil obligations. The civil subject system is a stipulation on the necessary civil rights and civil capacity for independent subjects including natural persons, legal persons, etc. It is a legal reflection of the parties in a commodity relationship. Civil subjects mainly include natural persons, legal entities, partnerships, etc. Second, the object. The object is the object to which civil rights and obligations are directed. According to the systematic thinking of conceptual jurisprudence, several elements should be separated from the constituent elements of the object stipulated by law, and these elements should be generalized to form category concepts, and through different levels of typing, concepts of different levels of abstraction should be formed, and Hence the system is formed. (Note: Larenz: "Legal Methodology", page 356.) The main reason for stipulating the object system in the General Provisions is that the General Theory of Civil Law of my country has abstracted the concept of legal acts in the General Provisions, and the constituent elements of legal acts are Objects should and can be abstracted. Establish abstract object concepts that can cover objects developed in the future. Because the object itself is a developing concept, with the rapid development of science and technology and changes in social life, intangible property rights are rapidly expanding. Recently, some scholars believe that pensions, employment opportunities, business licenses, subsidies, political franchise rights, etc. are all Belongs to the category of property rights. (Note: Lawrence M. Friedman, The Law of The Living, The Law of The Dead: Property, Succession, and Society, 1996 Wis.L.Rev.340.) Therefore, the scope of the term object of rights is very broad. It is necessary to make the concept of object more inclusive. Third, behavior. Civil legal behavior is also called legal behavior. It refers to the behavior of civil subjects that aims to establish, change, and terminate civil rights and civil obligations, with expression of intention as the content. As a general provision in the general principles of civil law, the civil legal system and its related theories occupy an important position in modern civil law theory; although our country does not recognize the theory of property rights and does not recognize marriage as a contractual act, the civil legal system is still very important. Extensive. As an abstraction of concepts, this system not only governs specific rights-establishing behavioral rules such as contract law, will law, and adoption law, but also forms a unique legal adjustment system in civil law that is different from the legal system. It can adjust the behavior between subjects, and can cover many new forms of transactions and regulate them; it also summarizes a series of exquisite concepts and principles in civil law in a complete and systematic theoretical form, forming an eye-catching part of the theory. independent field. (Note: See Dong Ansheng: "Civil Legal Behavior", Preface, Renmin University of China Press, 1994 edition.

) Fourth, civil liability. Civil liability is the result of failure to perform civil obligations and is also a sanction for failure to perform obligations. There has been a heated debate in the academic circles as to whether a civil liability system should be stipulated in the General Provisions. Some scholars suggest that my country's "General Principles of Civil Law" has a separate civil liability system, so the civil liability system should be stipulated in the general principles. I think it is impossible for the General Provisions to provide detailed and comprehensive provisions on the specific content of civil liability, because neither contractual liability nor tort liability belongs to the content of the General Provisions, but to the content of the separate provisions. Although the General Provisions should not stipulate specific rules of "civil liability", it is necessary for the General Provisions to stipulate the general concepts and principles of civil liability, because on the one hand, the concept of general civil liability stipulated in the General Provisions determines the particularity of civil liability, because civil The concept of responsibility is appropriate only if it is stipulated in the General Provisions, and it should not be stipulated in any other part outside the General Provisions. On the other hand, it is logical that the General Principles stipulate civil liability after stipulating the subject and object of legal relationships and briefly enumerating various civil rights. Since infringements will be divided into separate sections, there should be corresponding systems in the general provisions that are compatible with those in the sub-provisions. In addition, there are some inconsistencies between tort liability and breach of contract liability, such as the principle of liability, exemption conditions, criminal incidental civil liability, the relationship between civil liability and criminal liability, liability forms, etc. These should be set out in general provisions in the General Provisions.

Personal rights, kinship rights, inheritance rights, property rights, and creditor's rights are some basic civil rights generally recognized in modern society. They are necessary rights for civil subjects to participate in normal social life and economic exchanges, and Its connotations are relatively mature, so it is necessary to confirm it through the Civil Code rather than some separate laws. The divided rights system should be constructed based on rights that have matured and are widely accepted or urgently needed in social life. Of course, it should also provide sufficient legal space for the growth of new rights in the future.

The key to the problem is how to arrange civil rights so as to conform to the logic of the Civil Code system. I believe that in establishing this system, we should focus on the following ideas: First of all, we should emphasize the basic concept that personality rights should take precedence over property rights. Therefore, personality rights should be placed first in civil rights. Personal dignity, personal value and personal integrity should be placed in a more important position than property rights. They are the highest legal interests. Because on the one hand, modern civil law should fully embody the spirit of humanism and emphasize the ultimate care for individuals. Therefore, personal interests, which are more important in terms of personal interests, should be placed before property interests and given priority protection. On the other hand, compared with personality rights, property rights are not as important to individuals as personality rights. Imagine if life, health, and freedom cannot be guaranteed, what is the use of the so-called "millions of wealth"? It should also be noted that personality rights and property are personal, but personal safety, human dignity, etc. involve social interests. This is just as Section 85 of the Restatement of Torts in the United States holds that "the value of human life and limbs belongs not only to him personally, but also to the entire society. Therefore, its value is higher than the interests of land owners." In the Civil Code submitted to the Standing Committee of the National People's Congress for review In the draft, the property rights law is placed at the top of each chapter in the Civil Code. This is mainly due to the system in Chapter 5 "Civil Rights" of the General Principles of the Civil Code, which first stipulates the content of property rights. Therefore, the legislative Finally, property rights are placed at the top of each section in the sub-rules. I think this approach, although not unfounded, is still questionable in theory. After all, compared with property rights and personality rights, personality rights are more important. Secondly, rights closely related to the person have priority over general property rights. Therefore, relevant family rights and inheritance rights should also take priority over property rights such as real rights and creditor's rights. Regulations on marriage and family and personality rights belong to the same category of personal relationships, and the two are more closely related, so it makes sense to place them after personality rights and before property rights. Third, regarding the relationship between property rights and creditor's rights, it is more scientific for the draft Civil Code to place property rights before creditor's rights. After all, property rights are the prerequisite for the creation of creditor's rights, and transaction relationships can only occur when property rights are clear.

Fourth, regarding the concept of creditor's rights, the draft of my country's Civil Code does not establish an independent general provision on creditor's rights. The concept of debt and several forms of debt other than contracts (unjust enrichment and management without cause) are in the chapter on civil rights in the general provisions. stipulated. I believe that after the independence of the Tort Law, especially when the General Principles of the Contract Law of our country are already very substantial and complete, there is no need to stipulate the General Principles of the Law of Obligations that are largely overlapping with the General Principles of the Contract Law. However, from the perspective of the construction of the Civil Code system, property rights are concepts corresponding to creditor's rights. The property rights law has been made into an independent part, and the creditor's rights law should also be made into an independent part. The establishment of the creditor's rights system has made it easier for debts such as unjust enrichment, management without cause, and contracting negligence to The forms found their rightful place in civil law, and the applicable rules for these relationships were established. The general principles of the Design Debt Law are still based on legislative technical considerations, which can make the provisions of the Civil Code more concise. In reality, all kinds of debts are specific. By summarizing the common matters and stipulating the specific parts in the general provisions of the Obligation Law, it can play a role in legislative economy and frugality. Of course, the general provisions on claims should be simplified as much as possible, and some supplementary provisions may be considered for content not provided for in the general provisions of the Contract Law. According to such a logical sequence, the sub-provision system of the Civil Code should be the general provisions of personality rights, family law, inheritance law, property rights, general provisions of creditor's rights, and contract law.

The century-old game between the ideal and the reality of the Civil Code comes from: Free Paper Network

After each section on civil rights in the Civil Code, there should be a provision to protect various civil rights infringements Responsibility compilation, which requires separate compilation of tort law. On the surface, stipulating an independent tort liability section seems to conflict with the practice of constructing sub-provisions of the Civil Code based on the theory of legal relationships, because the general provisions stipulate subjects, objects and behaviors, while the sub-provisions should be based on the content and rights of legal relationships. If the civil liability system is added, it seems that the system of separate provisions will become inharmonious with the general provisions, that is, the separate provisions will be developed with double standards. In my opinion, the idea of ??constructing a system of sub-principles of the Civil Code based on the theory of legal relations has not been undermined by the addition of an independent tort liability section. Because: on the one hand, the elements of legal relationships should not only include the subject, object, behavior and content, but also responsibility, because responsibility is not only the result of the infringement of civil rights, but also the consequence of the violation of civil obligations. Without responsibility, there are no rights and no obligations. Violation will not create liability. Therefore, since civil rights and civil obligations are stipulated, civil liability must be stipulated. Therefore, after listing various civil rights in detail in the sub-principles system, it is logically more rigorous and self-consistent to stipulate a complete tort liability system, which can more clearly and completely express the process of the emergence and development of a civil legal relationship. . On the contrary, it only stipulates rights without responsibilities, cannot determine the remedies for rights, and the elements of legal relationships are incomplete. On the other hand, since we have already stipulated the general provisions of civil liability in the General Provisions, for example, the essential issues of various civil liabilities have been stipulated in the General Provisions, so the provision of tort liability in the sub-provisions can echo the general provisions. A complete civil liability system is constructed in the Civil Code. Torts are the result of infringement of various civil rights and interests, so tort law should be placed behind various rights. It is also in a logical sequence to first enumerate various civil rights in the sub-provisions of the Civil Code and then stipulate protection measures for civil rights, that is, the tort liability system.

IV. Regarding the independent codification of the personality rights system

I believe that the independent codification of personality rights in the Civil Code is to meet the needs of enriching and developing the Civil Code system, and is also In line with the scientific laws for the development of the civil code system. Today, as mankind has entered the 21st century, we need to formulate a civil code with Chinese characteristics based on China's actual situation, and we should pay attention to innovation on the basis of reference. Civil law is the legal reflection of social and economic life, and the civil code is the summary and embodiment of a country's lifestyle. If our country wants to formulate a new civil code that reflects China's real life and faces the 21st century, it must be consistent with the spirit of our times in terms of system structure. It must not only inherit reasonable traditions, but also be innovative and effective based on reality. developed.

Of course, innovation is not a simple slogan, nor can it be "innovated" for the sake of being new and different. Any innovation must be consistent with objective laws and supported by sufficient scientific theories. The independent codification of personality rights not only has sufficient theoretical support and great practical significance, but also is completely consistent with the development law of the Civil Code system from the perspective of the system structure of the Civil Code, and is very important for the enrichment and improvement of the Civil Code system. The functions are mainly reflected in:

First, the independent codification of personality rights is in line with the internal logic of the Civil Code system structure. The civil code of the traditional civil law system does not have an independent section on personality rights, which is inherently flawed. Because civil law is essentially a law of rights, the system of civil law rules is entirely constructed in accordance with the civil rights system. From the perspective of the civil law rights system, personality rights should occupy an important position in it. Traditional civil law pays too much attention to the property rights system, does not regard personality rights as an independent system, and even provides extremely "simple" provisions on personality rights. This in itself reflects the unreasonable phenomenon of "valuing things over people" in traditional civil law. On the other hand, since personality rights are not separately codified, their attributes as basic civil rights cannot be highlighted. Another major category of rights parallel to property rights in civil law is personal rights, including personality rights. As a civil subject, personality rights protect the life and health, personal dignity, personal freedom, name, portrait, reputation, privacy and other rights that the subject's independent personality should have, which are the main components of personal rights. Personal rights and property rights constitute two types of basic rights in civil law, and the system regulating these two types of rights constitutes the two pillars of civil law. Some other civil rights are either included in these two types of rights, or are the product of a combination of these two types of rights (such as intellectual property rights, inheritance rights, etc.). If personality rights cannot be codified separately, it will be difficult for intellectual property rights and other rights containing personality rights to establish their due status in the Civil Code. Since in the civil law system, the difference in the nature of rights is used as the basic criterion for distinguishing various parts, the separate part for personality rights is a logical and systematic requirement of the code.

Secondly, from the perspective of the adjustment objects of the civil law, personality rights should of course be independent. Civil law mainly adjusts property relations and personal relations between equal subjects. This has not only been confirmed by legislation, but has also become common knowledge in academic circles. Property relations and personal relations are two basic types of social relations. Property relations are manifested in various types of property rights due to the adjustment of civil law. Personal relations, as a relationship related to the person and with the person as the content, mainly include personality relations and identity relations. In civil law, it should be expressed as personality rights and identity rights.

Thirdly, the independent establishment of personality rights will not cause disharmony in the original system, but will, on the contrary, fully develop the original system. As mentioned before, the sub-principle system of the Civil Code is constructed according to the structure of civil rights. Confirming personality rights as an independent right is actually constructing the entire civil code system based on the rights system. It can be said that making it independent not only inherits the existing rights system, but also is an appropriate development of this system.