Tuesday, January 15, 2019
Oliphant, Pinghua, and Chen on The Legal Protection of Personality Rights: Chinese and European Perspectives @KenOliphant @Brill_Law
Ken Oliphant, University of Bristol Law School, Zhang Pinghua, Yantai University Law School, and Chen Lei, City University of Hong Kong, Centre for Chinese & Comparative Law, are publishing The Legal Protection of Personality Rights: Chinese and European Perspectives in Ken Oliphant, Zhang Pinghua and Chen Lei (eds), The Legal Protection of Personality Rights: Chinese and European Perspectives, Leiden: Brill/Nijhoff, 2018. Here is the abstract.
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
The full text is not available from SSRN.