形象权是由传统人格权发展而来的,是一种形象商品化过程中产生的私权状态。早在上个世纪50年代美国就已经开始研究形象权问题,但在我国却刚刚起步,对于形象权的属位及其立法模式也众说纷纭。形象权是与人格权、知识产权等权利存在诸多联系而又独立存在的权利,其具有无形财产权的属性。在我国民事立法中应以民事特别法的形式来专门对形象权制度加以规定。 The right of image is developed from the traditional right of personality, which is a status of private right generated in the process of image commercialization. As early as the 1950s, the United States began to study the issue of the right of the image. However, in our country, it has just started. There are also many opinions about the status of the right of the image and its legislative model. The right of image is the right that exists many relations with personality rights and intellectual property rights and exists independently. It has the property of intangible property. In our country’s civil legislation, we should stipulate the system of the right of image exclusively in the form of civil special law.