| China ’s Civil Law stipulates a variety of liability methods such as stopping infringements,eliminating obstacles,and eliminating dangers.However,the specific application scope and implementation methods of several liability methods are unclear.In some areas where repeated infringements occur frequently,legislation often tends to Administrative regulations and increased compensation efforts have responded,and the response measures from the responsibility method itself are slightly inadequate.If you want to effectively regulate repeated infringements,you must first start from the responsibility methods such as stopping the infringement,and build a convenient path for rights protection with the minimum burden on the right holder,otherwise you will fall into the infringer ’s pursuit of business interests and rules Regardless of repeated infringements,right holders must repeatedly bear the burden of litigation and constantly enter the strange circle of initiating high-cost rights protection procedures.If it is difficult to make major changes temporarily at the substantive law level,it is an effective way to design a solution to this problem at the level of procedural law to stop the effect of infringement judgment.The article is mainly composed of three parts,discussing the scope of application of the method of stopping the infringement of liability,and from the basis of substantive law,to explore the specific scope of validity of the judgment of stopping infringement;Several paths;review the current practice to apply the method of eliminating obstruction rules,point out its shortcomings and the need to make amendments,and propose specific ways to end future infringement judgments.The first chapter discusses the scope of application of the method of stopping liability for infringement,and explores the scope of application of the method of stopping liability for infringement from the perspective of legislative materials.Then,from the two perspectives of form and substance,the effectiveness of the judgment of stopping the infringement judgment is analyzed concretely,and the conclusion that the stopping infringement judgment can only restrict the previous infringement acts at the benchmark is concluded.The second chapter focuses on the analysis of several ways that may lead to the expansion of the effect of stopping infringement judgments.In the substantive law,some scholars advocate expansion of the responsibility for stopping infringement,and some scholars support the elimination of dangerous responsibilities to assume future effectiveness.There is a discussion about whether stopping the infringement verdict can have an injunction effect.In addition to the substantive law,by distinguishing and understanding the stoppage of the violation,it is considered a feasible method to include the two liability methods of stopping the violation and eliminating the danger.At its root,it is necessary to expound the essence of future effectiveness from the perspective of the expansion of existing judgments.In practice,the rule of exclusion is applied to solve the problem.The third chapter focuses on the situation in which the infringed party has infringed the same infringement after the judgment.It reviews the current situation of applying the rule of exclusion and obstruction.Although this method can solve the current problems,there will be unclear judgment standards and time limits A series of problems,such as unreasonable and conflicting execution limitations,shows that there is still room for improvement in the current practice,and the practice of expanding the effectiveness of judgments can largely solve the above problems,and does not constitute a substantial violation of the theory of judgment.After clarifying the above premises,this article expounds the specific methods for giving the future effect of the stop infringement judgment,and puts forward specific suggestions from the aspects of the same standards,subjects,and remedies before and after identification. |
