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在学界内,关于人格权是否属于民法创制的权利,这个问题已经是纠缠不清了,甚至有的学者指出人格权应当属于宪法权利,而非民事权利。总之,对此问题众说纷纭、莫衷一是,本文认为这是切中要害的,许多学者将宪法权利与民事权利都说得云里雾里,将两者相混淆,根本没有把问题说清楚,而问题的关键恰恰就在于一定要把宪法权利和民事权利厘清,对此,本文认为人格权是一种民事权利,并且制定一部《人格权法》已经迫在眉睫。
In academia, whether the right of personality belongs to the right of civil law creation has already been tangled up. Some scholars even point out that the right of personality should belong to the constitutional right, not the civil right. In short, there are many different opinions on this issue. This article holds that this is a crucial issue. Many scholars have put the constitutional rights and civil rights in a foggy cloud. They confuse the two. They simply do not make it clear, and the key issue is exactly Lies in that we must clarify the constitutional rights and civil rights. In this regard, the author believes that the right to personality is a civil right, and it is imminent to draw up a “personality right law.”