A Study On The System Of Personal Rights Injunction

The civil code has established the personal rights injunction.There are also many issues that need to be clarified.First,there is controversy for the attributes of this system and its program.Personal rights injunction is based on the entity method of personal rights claim,the provisions are also similar to the procedures,so it has the nature of the substantive and procedural law.In terms of procedure,due to the confrontational nature of the two parties,there are controversial issues,which are not entirely non-litigation procedures.Second,personal rights injunction have problems with relevant systems.It should distinguish with the behavioral preservation acts for its independence and its own institutional function,In terms of the relationship with the personal safety protection order system,the system is not an expanded application of the latter,the latter is based on the protection of personality rights,which superimposes the particularity of the legal relationship between marriage and family,and has formed a relatively complete application model in practice.It should also be independent.The system can be proposed separately from the personality rights litigation procedure,and should not be confused in practice.Applicable objects should also include other personality benefits.The application subject is the civil subject,in which the identification of the protective subjects of the deceased should be expanded.Online infringement of personality rights should not be preconditioned by the principle of notice deletion.Again,due to the general provisions of the law,there is a problem such as the prohibition of review conditions and procedures in judicial practices.The identification and judgment of the proof standard of illegal conduct,the difficulty of compensating for damage,and the balance of interests in the review standards for personality rights prohibitions should be unified,among which a higher degree of certainty should be used as the standard of proof,and the type of damage should be determined,considering the balance between different interests.Finally,the legal consequences of personal rights injunction are also unclear,and the identification of its failure has different views in the academic circle.According to different situations,the legal effectiveness of the injunction should have final effects and temporary effects.At the same time,it should be determined that the applicant should bear the liability of compensation when the application is wrong.Types the invalidation into procedural and substantive reasons.Further clarifying its relationship with the proceedings.In order to achieve the full life cycle of personal rights injunction.Therefore,through a comprehensive analysis of the attributes of the personality rights ban,the relationship with the existing relevant systems in the current law,the scope of application of the system itself,the review standards and legal effects,a systematic study is made.Then the legal attributes and functions of the system are clarified,and the problems that may exist in the system itself and in the application are solved.