第四编 人 格 权
Part 4 Personality Rights
第一章 一 般 规 定
CHAPTER 1 GENERAL PROVISIONS
Article 989 This Part governs civil relationships arising from the enjoyment and protection of
rights to personality.
Article 990 Personality rights are the right to life, physical rights, health rights, name rights,
name rights, portrait rights, reputation rights, honor rights, privacy rights, and other rights to which a civil subject is entitled.
Except for the personality rights provided in the preceding paragraph, a natural person shall
enjoy other personality rights and interests generated from personal freedom and personal
Article 991 The right of personality of civil subjects shall be protected by the law; no
organization or individual may infringe such right.
Article 992 Personality rights shall not be renounced, transferred or inherited.
Article 993 A civil subject may license others to use his or her name, title, portrait, etc., except
where such license is not allowed according to the law or the nature of the civil subject.
Article 994 Where the name, portrait, reputation, honor, privacy or remains of the deceased is
infringed upon, his spouse, children or parents shall have the right to request the actor to bear civil
liability according to law. Where the deceased has no spouse or children and his parents are dead,
other close relatives shall have the right to request the actor to bear civil liability according to law.
Article 995 Where the personal rights are infringed, the victim shall have the right to request
the actor to bear civil liability in accordance with the provisions of this Law and other laws. The
provisions on the limitation of action shall not apply to a victim's rights to request for cessation of an infringement, removal of an obstacle, elimination of danger, elimination of impact, restoration of reputation or extension of an apology.
Article 996 Where a party's breach of contract harms the other party's personality and causes
serious mental impairment, and the aggrieved party opts to request such party to assume liability for
breach of contract, the aggrieved party's request for emotional damages shall not be affected.
Article 997 Where a civil subject has evidence to prove that an actor is committing or is
going to commit an illegal act that infringes upon its personality, and its legitimate rights and interests will suffer irreparable damage if such act is not stopped promptly, it has the right to
apply to the people's court for ordering the actor to cease the relevant act.
Article 998 In determining an actor's civil liability for infringing upon personality rights other
than the right to life, personal rights and health rights, such factors as the occupation, scope of
influence, degree of fault of the actor and the victim, as well as the purpose, method and
consequence of the conduct shall be considered.
Article 999 Persons who carry out news reporting, public opinion supervision etc. for public
interest may make reasonable use of the name, title, portrait, personal information etc. of a civil entity;
persons who use unreasonably to infringe upon the personality rights of a civil entity shall bear civil
liability pursuant to the law.
Article 1,000 The assumption of such civil liabilities as elimination of ill effects, rehabilitation
of reputation and apology by an actor due to infringement upon the right of personality shall be in
line with the specific way of the act and the scope of influence.
If the actor refuses to bear the civil liability prescribed in the preceding paragraph, the
people's court may enforce the judgment or ruling at the cost of the actor, by publishing an
announcement in the newspapers, the Internet or other media or by publishing the effective
Article 101 For the protection of the status rights of natural persons arising from marriage and
family relations, the relevant provisions of Part 1 and Part 5 of this Law and other laws shall apply; if there is no provision, the relevant provisions of this Part on the protection of rights of personality
may apply by reference according to the nature thereof.
Chapter 2 Right to Life, Right to Body and Right to Health
Article 1102 A natural person shall enjoy the right to life. The safety and dignity of life of
natural persons are protected by law. No organization or individual may infringe upon the right to
life of any other person.
Article 103 A natural person enjoys bodily rights. Physical integrity and freedom of movement
of natural persons are protected by law. No organization or individual may infringe upon the bodily
rights of others.
Article 104 A natural person shall enjoy the right to health. The physical and mental health of
natural persons is protected by law. No organization or individual may infringe upon others' right to
Article 105 Where the right to life, physical rights or health of a natural person is infringed
upon or is in other dangerous situations, the organization or individual that is obliged to rescue in
accordance with the law shall rescue him/her without delay.
Article 106 A person with full capacity for civil conduct shall have the right to decide on
his/her own voluntary donation of human cells, human tissues, human organs or body pursuant to the
law. No organization or individual may force, cheat or induce the benefactor to donate.
If the person with full capacity for civil conduct agrees to donate the human organ
mentioned in the preceding paragraph, he shall make the donation in writing or make a will.
If a natural person does not express disapproval to donate during his lifetime, his spouse,
adult children and parents may jointly decide to donate the human organ after his death. The
decision on donation shall be made in writing.
Article 107 It is prohibited to purchase or sell human cells, human tissues, human organs or
corpses in any form.
Any purchase or sale in violation of the preceding paragraph shall be null and void.
Article 108 Where clinical trials are required to develop new drugs and medical devices or new
prophylactic and treatment methods, such clinical trials shall be approved by the relevant competent
departments in accordance with the law and shall be subject to the examination and approval of the
ethics committee. The subjects or their guardians shall be informed of the purpose, purpose, possible
risks and other details of the trials and shall be subject to the written consent of the ethics committee.
To conduct a clinical trial, no charge may be collected from the human subjects.
Article 109 Persons engaged in medical and scientific research activities related to human
genes or human embryos shall abide by the laws, administrative regulations and the relevant
provisions of the State, and shall not endanger human health, violate ethics or damage public
Article 1010 Where a person acts sexually harassing another person in words, words, images,
physical behaviors or otherwise against the will of the person, the victim has the right to request the
person to bear civil liability according to the law.
Agencies, enterprises, schools etc. shall adopt reasonable prevention, acceptance and
handling of complaints, investigation and handling measures etc. to prevent and curb sexual
harassment by making use of official powers and affiliation etc.
Article 1011 Where a person is deprived of or restricted in his freedom of movement by such
means as illegal detention, or makes an illegal body search of another person, the victim shall have
the right to request the person committing the act to bear civil liability in accordance with law.
Chapter 3 Rights Relating to Names and Rights Relating to Names
Article 1012 A natural person shall enjoy the right to a name and shall be entitled to determine,
use, change or license others to use his/her name in accordance with the law, provided that the public
order and good morals are not violated.
Article 1013 A legal person or an unincorporated association shall enjoy the naming rights and
shall be entitled to determine, use, change, transfer or license others to use its own name in
accordance with the law.
Article 1014 No organization or individual may infringe upon the right to a name or the naming
rights of others by interference, usurpation, imitation or other means.
Article 1015 A natural person shall adopt his or her father's or mother's surname, but may
choose a surname other than that of his or her father or mother under any of the following
1. choose the surname of a senior lineal relative by blood;
(II) choose the surname of the fosterer where he or she is raised by a person other than the
legal fosterers; and
(III) where there is any other justified reason not in violation of public order and good
The surnames of natural persons of ethnic minorities may follow the cultural traditions and
customs of their own ethnic groups.
Article 1016 Where a natural person decides on or changes his/her name, or a legal person or
an unincorporated association decides on, changes or assigns its name, registration formalities shall
be completed with the relevant authorities in accordance with the law, unless otherwise stipulated by
Where a civil subject changes its name or title, the civil juristic acts performed by it before
such change shall be legally binding.
Article 1017 For a pen name, stage name, website name, translated name, trade name,
abbreviation of a name, etc., which enjoys certain social popularity and is used by others enough to
cause public confusion, the relevant provisions on the protection of the rights of name and naming
rights shall apply mutatis mutandis.
第四章 肖 像 权
Chapter 4 Pictorial Rights
Article 1018 A natural person shall enjoy the right of portrait and shall be entitled to make, use,
make public, or permit others to use his own portrait.
Portrait is an external image that can be recognized by a specific natural person reflected on
a certain carrier by means of image, sculpture and painting.
Article 1019 No organization or individual may infringe upon any other person's right to
portrait by vilifying, defacing, forging by means of information technology or otherwise. Without the
consent of a person entitled to portrait, the portrait of such person shall not be produced, used or
made public, unless otherwise provided by law.
Without the consent of a person entitled to portrait, the holder of rights to portrait works
shall not use or make public the portrait of such person by means of publication, reproduction,
distribution, lease, exhibition, etc.
Article 1020 The consent of a person entitled to portrait is not required for reasonable
implementation of any of the following acts:
1. using a public portrait of a person with the right of portrait within a necessary scope for
the purpose of personal study, artistic appreciation, classroom teaching or scientific research;
(II) producing, using or making public the portrait of a person entitled to portrait inevitably
for the purpose of news report;
(III) for the purpose of performing duties in accordance with the law, producing, using or
making public the portrait of a person entitled to portrait within the necessary scope;
(IV) Inevitably producing, using or making public the portrait of a person entitled to
portrait for the purpose of displaying the specific public environment;
(V) Other acts of making, using or making public the portrait of a person entitled to
portrait, for the purpose of safeguarding public interests or the legitimate rights and interests of
Article 1021 Where any dispute arises between the parties over the understanding of any term
on the use of a portrait under a portrait licensing contract, an interpretation in favor of the holder of
the right to portrait shall be made.
Article 1022 Where there are no stipulations between the parties on the duration of the license
for using a portrait or such stipulations are unclear, any of the parties may rescind the contract for the license for using a portrait at any time, but shall notify the other party a reasonable time in advance.
Where the parties concerned have expressly agreed upon the term of license for use of the
portrait, and the holder of the right to portrait has justified reasons, the contract for license for
use of portrait may be rescinded, provided that the other party shall be notified before a
reasonable term. The party causing losses to the other party due to the rescission of the contract
shall compensate for such losses, except for causes not attributable to the holder of the right to
Article 1023 The relevant provisions on license for use of portrait shall apply mutatis mutandis
to the license for use of names and so on.
The relevant provisions on protection of rights to portrait shall apply as reference to
protection of voices of natural persons.
Chapter 5 Rights of reputation and honor
Article 1024 A civil subject shall enjoy the right of reputation. No organization or individual
may infringe upon a person's rights to reputation by such means as insult or libel.
Reputation is the social evaluation of the moral character, prestige, ability and credit of the
Article 1025 If an actor commits an act of news reporting or public opinion supervision for the
public interest, thus affecting the reputation of another person, he shall not bear civil liability, except
under any of the following circumstances:
1. Fabricate or distort the facts;
(II) Where the service provider fails to fulfill its obligation of reasonable verification of
seriously inaccurate contents provided by others;
(III) Using insulting words to belittle the reputation of others.
Article 1026 The following factors shall be considered in determining whether or not an actor
has fulfilled the obligation of reasonable verification as prescribed in Item 2 of the preceding Article:
1. Credibility of the source of content;
(II) whether necessary investigations have been made into the content that is obviously
likely to cause a dispute; and
(III) timeliness of the content;
(IV) relevance between contents and public order and good morals;
(V) the possibility that the victim's reputation may be defamed;
(VI) Verification Capability and Verification Cost
Article 1027 If a literary or artistic work published by an actor uses a real person, a real
fact or a specific person as the subject of description to insult or slander others and thus infringes
upon the rights to reputation of others, the victim shall have the right to request the actor to bear civil liability in accordance with the law.
If a literary or artistic work published by an actor does not take a specific person as the
object of description but has circumstances similar to those of such specific person, he shall not
bear civil liability.
Article 1028 Where a civil subject has evidence to prove that any content reported by
newspapers, periodicals, the internet or other media is inaccurate, thereby infringing its right of
reputation, it shall have the right to request the media to promptly take necessary measures to correct
or delete the content.
Article 1029 A civil subject may inquire about its own credit rating according to the law; if it
finds that any credit rating is improper, it has the right to raise an objection and request necessary
measures such as corrections or deletions. The credit evaluator shall conduct the verification in a
timely manner, and take necessary measures in a timely manner if the verification is true.
Article 1030 The relationship between civil subjects and credit information processors such as
credit reporting agencies shall be governed by the provisions of this Part on personal information
protection and the relevant provisions of other laws and administrative regulations.
Article 1031 A civil subject shall enjoy the right of honor. No organization or individual may
unlawfully deprive other people of their honorary titles, or defame or belittle their honors.
Where an honorary title obtained shall be recorded but has not been recorded, the civil
subject may request such record; where an honorary title obtained is recorded incorrectly, the
civil subject may request a correction.
Chapter 6 Right to Privacy and Protection of Personal Information
Article 1032 A natural person shall enjoy the right of privacy. No organization or individual
may infringe upon the privacy of any other person by spying, invading and harassing, disclosing or
disclosing the relevant information or by any other means.
Privacy is a natural person's private life peace and do not want to know for others private
space, private activities, private information.
Article 1033 Unless otherwise prescribed by the law or specifically agreed by the rights
holders, no organization or individual may carry out any of the following acts:
1. disturbing the private peace of others by means of telephone, text message, instant
messaging tools, e-mails, leaflets, etc.;
(II) Entering, shooting or peeping into the private spaces of others' houses or hotel rooms;
(III) Photographing, peeping, eavesdropping, or making public the private activities of
(IV) taking photos of or peeping at private parts of others' bodies;
(V) Dealing with the confidential information of others;
(VI) infringing upon the privacy of others by other means.
Article 1034 The personal information of a natural person shall be protected by the law.
Personal information refers to all kinds of information recorded by electronic or otherwise
that can be used to independently identify or be combined with other information to identify
specific natural persons, including the natural persons' names, dates of birth, ID numbers,
biometric information, addresses, telephone numbers, e-mail addresses, health information,
For the confidential information included in personal information, the provisions on privacy
rights shall apply; if no provisions are available, the provisions on personal information
protection shall apply.
Article 1035 The handling of personal information shall be subject to the principle of
legitimacy, rightfulness and necessity, shall not involve excessive handling and shall meet the
1. unless otherwise provided by laws or administrative regulations, with the consent of the
natural person or the guardian thereof; and
(II) rules on disclosure of processing information;
(III) to expressly state the purpose, method and scope of information treatment;
(IV) The provision of the laws and administrative regulations and the agreement of both
parties shall not be violated.
Personal information processing includes the collection, storage, use, processing,
transmission, provision and disclosure of Personal information, etc.
Article 1036 Where the handling of personal information falls under any of the following
circumstances, the actor concerned shall not bear civil liability:
1. Acts performed reasonably within the scope agreed by the natural person or his or her
(II) Deal reasonably with the information made public by the natural person himself or
herself or other information that has been legally made public, unless the natural person
explicitly refuses to do so or deals with the circumstance where such information infringes upon
his or her major interests; and
(III) Other reasonable acts performed to protect the public interests or the legitimate rights
and interests of the natural persons.
Article 1037 A natural person may consult or copy his/her personal information with any
information processor in accordance with the law; if any error is found in the information, the natural
person has the right to raise an objection and request the information processor to take necessary
measures such as corrections in a timely manner.
Where a natural person discovers that an information processor has processed his/her
personal information in violation of the provisions of laws and administrative regulations or the
agreement between both parties, he/she shall have the right to request that the information
processor promptly delete the information.
Article 1038 Information processors shall not divulge or tamper with personal information
collected or stored by them; without the consent of a natural person, information processors shall not
illegally provide personal information of such person to others, except for information that has been
processed and cannot be identified with specific persons and cannot be restored.
An information processor shall take technical measures and other necessary measures to
ensure the security of the personal information it collects and stores and to prevent the
information from being divulged, tampered with or lost; where personal information has been or
may be divulged, tampered with or lost, it shall take remedial measures in a timely manner,
inform the natural person concerned in accordance with the provisions and report the case to the
relevant competent department.
Article 1039 State organs, statutory agencies with administrative functions and their staff shall keep confidential the privacy and personal information of natural persons that come into their knowledge during the performance of duties, and shall not divulge the same or illegally provide the same to others.