Analysis on the General Provision of the Personal Rights

The general provision of the personal rights is a special clause in Civil Code aiming at maintaining the flexibility of the code and comprehensive protection of the personal dignity. It holds the similar expression to the provision of the basic rights in Chinese Constitution and the dignity-clause of the Civil Code, and plays a parallel function of the general provision in Tort Law. However, with its particular role, the general provision takes its own value in the legal system. The dispute on the nature of this clause is actually a theoretical controversy. Considering the conceptual accuracy of law, its nature as a general provision of personal rights rather than a general right of person should be insisted. Finally, in order to realize a better application of this provision and the specific exposition of the meaning of each term, the typical thinking and the discretion judicial obviously are needed.