The personality is an ethical concept, which surpasses the civil law and is beyond the Constitution. The evolution of Ethical Man dominates the developments of the personality. Roman’s identity has nothing to do with Ethical Man, and is not the personality in modern sense. Ethical Man was transplanted in recent private law. And with the legal capacity as a means, it brought about two concepts, subject of rights and personality rights. While modern Private Law has completed the reification of subject and the independence of personality rights in legislation , and led the ethical personality into the constitution. The personality has a four-fold structure: the Legal Capacity as a technical personality, the Legal Subjects as a legal personality, the Personality upon Personality Rights as a fact personality, the Constitutional Value contains in general terms as an ethical personality.
张平华 曹相见. 人格的私法构造——以“伦理人”的历史演进为视角[J]. 浙江工商大学学报, 2014, (1): 41-51.
ZHANG Pinghua CAO Xiangjian. The Construction of Personality in Private law. Journal of Zhejing Gongshang University, 2014, (1): 41-51.