Research On The Procedure Realization Of The Injunction Of Personality Rights In China

Article 997 of the Civil Code,which came into force in 2021,provides for a "The injunction of personality rights".The injunction of personal rights system is a new system for the protection of personal rights established by the Civil Code in China,which provides valuable institutional experience for the future establishment of injunction-related provisions in China.The injunction of personality rights is not the embodiment of the behavior preservation system in the field of personality rights,nor is it the expansion of preservation of behaviors in the field of personality rights,but a special system with both the characteristics of substantive law and procedural law.However,at present,China’s law does not provide for the procedure for the application of personality injunctions,and in judicial practice,there have been many local courts ruling on personality right injunction one after another.In the face of a large number of applications for the injunction of personality that may arise in the future,it is necessary to formulate appropriate procedures for the application of personality right injunction.The current law or judicial interpretation does not provide for the procedure for the injunction of personality rights,so this paper will focus on the procedural realization of the injunction of personality rights,draw on the experience of the mature system that has been applied in overseas fields,and provide relevant suggestions for the construction of the procedural rules of the injunction of personality rights in China.The main content of this thesis,excluding the concluding remarks and acknowledgements,is divided into a total of four chapters.The first chapter is the introductory part of this paper.The main content is an introduction to the research background of this paper,the significance of the research,as well as the literature review,research ideas and methods and other related situations.Firstly,the research background,theoretical significance and practical significance of this selected topic are elaborated;secondly,scholars or relevant legal systems at home and abroad are sorted out to clarify the problems of the existing system;finally,the research ideas and methods of this paper as well as the innovation and shortcomings of this paper are introduced.The second chapter is the part on the necessity of constructing procedural regulation of the injunction of personality rights in China.Firstly,it defines the concept of the injunction of personality rights;secondly,it analyses the legal attributes of the injunction of personality rights,and then concludes that the injunction of personality rights has its own unique attributes;secondly,it compares and analyses the injunction of personality rights with the existing relevant systems,and explores the special features of the injunction of personality rights;at the same time,it analyses the typical cases since the implementation of the injunction of personality rights,and clarifies the legal dilemma that the injunction of personality rights is not uniformly applied in judicial The legal dilemma that there is no uniform procedure for the application of the injunction of personality rights in practice.Finally,the need for a procedural realization of the injunction of personality rights is clarified.The third chapter,the section on procedural regulation of extraterritorial personality rights protection systems,focuses on injunctions or systems similar to conduct protection that can be used for personality rights protection in countries such as the UK,the US,Switzerland,France and Germany.Through a comparative analysis of the relevant systems applicable to the protection of personality rights in these extra-territorial fields,valuable experiences that can be used for the procedural construction of the personality rights injunction system in China are identified.The fourth chapter on the construction of procedural norms of the injunction of personality rights in China focuses on three aspects:the procedural norms of application of personality rights injunctions,the mode of procedural application and the design of procedural rules,and puts forward personal ideas on the design of procedural rules.