Abstract:
The protection of the right of personality is an important mission of modern law. The right of personality plays an important role in public law, private law and social law. The personality right of students has not only the general characteristic of crossterritorial personality right, but also the particularity of individual and group differences of students. Therefore, the protection of students’ personality right has its particularity, which means it should be protected by systematic approaches. Through the investigation of legislation and judicial practice, we find that this approach should be centralizing the protection rules which scattered in various laws with the future education code. In this process, we should try to cover the protection fields, and avoid the repetition and conflict of relevant regulations at the same time. The systematic protection of students’ personality rights should be combined with the compilation of education code. The education code and the protection of students’ personality rights share common logic, and promote each other in the process of system construction. When compiling the education code in the future, we need to pay attention to the characteristic of crossfield and comprehensiveness when it comes to the protection of students’ personality rights.We should also take account to positive protection and negative protection, general protection and special protection. The protection system should be coordinated with the general structure of education code. We should clarify the legal status of students’ personality rights in the general provisions,adopt the advantages of both deterministic rules and applicable rules in the specific provisions, and strive to form a detailed normative basis.
