Research On The Injunction Of Personality Right In Network Infringement

Personality right infringement injunction refers to the right to request the court to order to stop the infringement（or to prevent infringement behavior from happening）when the right holder faces the infringement of personality right（or the danger of infringement of personality right）.In the background of the network era,the problem of infringement of personality rights in network infringement is in high incidence,coupled with the fact that network infringement has the characteristics of difficult to define the infringement subject,expanding the boundary of the infringement object and rapid spread of damage consequences,it is urgent to regulate the problem of infringement of personality rights in network infringement.Article 997 of the Civil Code provides for the injunction system for infringement of personality rights,which is a preliminary legislative response to efficiently resolve disputes over infringement of personality rights in online infringement.This paper uses theoretical analysis,empirical research and comparative research methods to systematically construct the interpretation and application of China’s personal rights infringement injunction system in online infringement by integrating the institutional superiority of the personal rights infringement ban with the characteristics of personal rights infringement in online infringement,reflecting on the institutional shortcomings of the personal rights infringement ban,and drawing on relevant overseas experience,with a view to exploring a new path for the protection and remedy of personal rights in the online environment.In order to explore a new path for the protection and remedy of personality rights in the network environment.In addition to the introduction and concluding remarks,this paper is divided into four chapters to discuss.The first chapter introduces theories related to the infringement of personality rights in network infringement.Through the basic concepts of online infringement and infringement of personal rights and their characteristics,the necessity of regulating infringement of personal rights in online infringement is derived.In turn,it leads to the study of the ontology of personality infringement injunction in order to integrate personality infringement injunction with the problem of personality infringement in network infringement.The second chapter analyzes the legal problems of the infringement of personality rights in network infringement.It includes an empirical study to examine the problems of judicial practice of personality rights relief in the network environment;and a theoretical and practical analysis of the legislative defects and judicial application dilemmas of personality rights infringement injunction.The third chapter introduces the theoretical and practical significance of the application of the injunction against infringement of personality rights in network infringement.It also compares the experience of overseas network infringement regulation and the judicial application of the injunction system,and provides a reference basis for improving the institutional arrangement and procedural construction of personality infringement injunction in China.The fourth chapter puts forward suggestions for the systematic construction of the injunction against infringement of personality rights in network infringement.Based on the interpretation system at the level of substantive law,the judicial application rules for injunction against infringement of personality rights in network infringement are constructed from the three processes of jurisdiction,examination and issuance,and the purpose of the injunction system for infringement of personality rights in the network environment is ensured by consolidating the responsibilities of all parties and establishing an online public platform for injunction against infringement of personality rights.