作为规范人类行为准则的法律无疑应以人的价值实现为其终极目标,从而这一目标的法律表征人格权应处于核心地位。然而由于民法的出生于商品经济,使得人格平等之类的理念从一开始就被当作占有和交易财产的辅助条件而存在。随着近现代民法《身份到契约过程的转化,人格权已几乎完全变成了财产权的附庸,从而失却了自身的固有价值。对于先天不足的中国民法来说,这种状况表现得尤为突出。一个最直观的例证便是,在相当的一段时期内,中国的民法构架中从来未有关于人格权法的设计。 No doubt, the law that regulates the code of conduct of human beings should undoubtedly be realized with the value of human beings as its ultimate goal. Therefore, the legal characterization of right of personality of this goal should be at the core. However, since the birth of civil law in the commodity economy, the notion of equality of personality existed from the very beginning as an adjunct to the possession and transaction of property. With the transformation from modern civil law status to contract process, the personality right has almost completely turned into a vassal of property rights, thus losing its intrinsic value. This is especially true of China's civil law, which is inherently deficient. One of the most intuitive examples is that for a considerable period of time, there has never been a design of personality rights law in China's civil law framework.