The evening of November 9th，The second phase of the bet365 app civil law student forum was successfully held online。Zhu Xiaofeng, Professor of Law School of Central University of Finance and Economics, is the guest speaker of this forum，Made a wonderful sharing titled "Constitutive Requirements and Balance of Interests in Determining Civil Liability for Infringement of Personality Rights"。The forum is hosted by bet365 app associate researcher Li Ruoqi，Associate Professor Shan Pingji, Southeast Bet365University Law School、Associate Professor Qu Lingmin, Ocean University of China Law School、Professor Zhang Pinghua, Director of the bet365 App Institute of Civil and Commercial Law, served as the negotiator，More than 200 teachers and students participated online。
First，Zhu Xiaofeng introduced the issue of normative application of Article 998 and Article 1165, paragraph 1, of the Civil Code，Points out that the determination of tort liability in Article 1165 should be based on the constituent elements，Article 998 emphasizes the balance of interests by the judge、Comprehensive determination of tort liability，The above two legal provisions point to the systematic issues of personality rights and tort liability respectively，This requires an internal and external system that integrates the current legal order。Secondly，Zhu Xiaofeng talks about the theoretical differences and position choices in determining civil liability for infringement of personality rights。He advocates that the application of constituent elements and balance of interests should be based on the standpoint of differentiated protection，Divide personality rights into material personality rights and non-material personality rights，Divide non-material personality rights into specific personality rights and general personality rights according to whether the connotation and extension are clear，Specific personality rights are further divided into personality rights that prescribe typical infringements in advance and personality rights that cannot prescribe infringements。Again，Zhu Xiaofeng explains respectively the identification of bet365 casino blackjackcivil liability for material infringement of personality rights and non-material infringement of personality rights，He proposed that the identification of civil liability for material personality rights should be judged by the method of "constitutive elements doctrine + balance of interests under specific circumstances"，Evaluation method of insisting on the constitutive elements of non-material personality rights that have been preliminarily stipulated by law for typical infringement behaviors，Personality rights and general personality rights that have not been preliminarily stipulated in the law for infringement should be evaluated according to a combination of interest balance and constituent elements。Last，Zhu Xiaofeng believes that attention should be paid to the summary of individual cases，In order to develop the personality rights that do not provide general provisions for infringement in advance into personality rights with relatively certain connotations and extensions，Thus achieving the determination of legal liability under the constituent elements，Finally achieve full protection of personality rights and freedom of movement。
Conversation session，Li Ruoqi praised Zhu Xiaofeng’s thinking mode of constituent elements，Comprehensive review of the determination of civil liability for infringement of personality rights from the micro level and macro perspective。Shan Pingji proposed that Article 998 of the Civil Code defines what constitutes tort liability、Still have questions about the scope of liability，And further consider whether a restrictive distinction should be made in the judge’s discretion for different types of personality rights。Qu Lingmin believes that there is a third possibility of "docking application theory" in the application relationship between Article 998 and Article 1165 of bet365 Play online gamesthe Civil Code。Zhang Pinghua spoke highly of Zhu Xiaofeng’s report，At the same time, we propose new ideas for systematic thinking in the post-Civil Code era。Zhu Xiaofeng carefully responded to the questions raised by the interviewees one by one and made a summary。
Zhu Xiaofeng，Professor of Law School of Central University of Finance and Economics、Doctor of Laws、2002 undergraduate students of Shandong University，Concurrently serves as deputy editor-in-chief of "Financial Law"、Director of the Civil Law Research Association of the China Law Society、Director of the Legal Journal Research Association of the China Law Society、Director of China Law Society Consumer Bet365 Protection Law Society, etc.。Published more than 60 academic papers in academic journals such as "Chinese Law" Recht als Kultur，Nearly 20 articles have been reprinted in full by "Chinese Social Science Digest", "College Liberal Arts Academic Digest", and "National People's Congress Copy Newspaper and Periodical Materials"。Host the National Social Science Fund later-stage project、Post-funded project for philosophy and social science research of the Ministry of Education、National Rule of Law and Legal Theory Research Project of the Ministry of Justice, etc.。
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