Research On The Injunction Of Personality Rights System

To realize the claim of personality right through litigation has the risk of long time,high cost and further expansion of damage.Under the background of network information and people’s higher requirements for the protection of personality rights,a more efficient and convenient system is needed to protect the personality rights of civil subjects.Article 997 of the civil code provides a more convenient and efficient protection measure for Personality rights.The injunction of personality rights has the dual functions of timely relief and prevention of damage,which is conducive to the realization of the dual value of fairness and efficiency.It is the response of the legislative level to the growing needs of the people for a better life in the new era.However,injunction of personality rights system is not perfect at present,and there are few direct corresponding systems in comparative law for reference.There are still great disputes in the theoretical circle about the nature of the prohibition of personality rights and the construction of relevant systems.Through the analysis of the injunction of personality rights and related systems,and the discussion of the current situation and existing problems of the injunction of personality rights,this paper puts forward some suggestions to improve the injunction of personality rights system.Combined with the comparative study of relevant legal systems at home and abroad,it is considered that the procedure construction of the injunction personality rights should closely focus on the legislative purpose and the value pursuit of the system,and adopt non litigation procedure.It is necessary to further clarify the application subject and protection scope of the prohibition of personality rights,and improve the application conditions of the the injunction of personality rights.In order to avoid the abuse of the prohibition,it is also necessary to consider the balance of interests between the applicant and the respondent,public interests and other relevant factors.The judge decides whether to require the applicant to provide guarantee and the type of guarantee according to the specific circumstances of the case,but does not need to consider the possibility of winning the lawsuit.The ruling period of the injunction of personality rights should be controlled within 48 hours.Considering that the injunction of personality rights restricts the rights and freedom of the respondent,it is suggested that the injunction of personality rights should be attached with a period of validity,and the specific period should be decided by the judge within 6 months according to the specific circumstances of the case.The injunction of personality rights made by the court shall take legal effect from the date of service on the respondent.The injunction of personality rights has executive power,but it does not have res judicata.In order to balance the efficiency and justice of personality rights injunction,the court should give the parties the most basic procedural guarantee to the extent possible.When the court issues an injunction of personality right or rejects the application,if the parties think that the ruling of the court is incorrect,they can raise an objection or lawsuit.The injunction of personality rights needs to be well connected with the existing rules.