Abstract: Under the background of the new civil code in China, it is of special theoretical and practical significance to study the important issues of the internal structure theory of civil code and explore the recognition of spiritual rights law in the theory of civil law. In order to highlight the subject position of “human”, we should learn from the theory of spiritual rights which can be traced back to the copyright law. This paper attempts to put forward the “spiritual rights” in civil law to summarize the non-property rights in civil law. By tracing back to the source of history and theory, this paper combs the theoretical development of the law of spiritual rights, and concludes that it is necessary and feasible to introduce the law of spiritual rights into the field of civil law. Thus, the value of “civil law is human law” is highlighted.