從民法的發展來看,關于人格權保護,呈現出從消極保護到具體確權的發展趨勢,我國民法也歷來重視協調人格權積極確權與侵權責任法保護之間的關系。在我國民法典編纂中,應當設置獨立的人格權編,如果在侵權責任編集中規定人格權,將產生體系違反現象,并不符合科學立法的精神。侵權責任編替代人格權編也將影響侵害人格權責任的準確認定。落實十九大報告精神、強化人格權保護,應當在使人格權獨立成編的前提下,有效銜接人格權編與侵權責任編。

From the point of view of the historical evolution of personality rights,there is a tendency from negative protection to positive affirmation. The Chinese law also pays much attention to the articulation between personality rights and tort law. It will be meaningful for the Chinese Civil Code to establish an autonomous book of personality rights. If the detailed rules of personality rights were incorporated into the Book of tort,the coherence of the Code would be compromised,and the protection of personality rights would be negatively influenced. Consequently,the requirement of the Report of the 19 th CCP National Congress should be implemented and the protection of personality rights is to be reinforced. For such purpose,it will be significant to establish an autonomous book on personality rights and to articulate its relation with the book of tort.