Research On The Application Of The Injunction System Of Personality Rights

The prohibition of personality right is the embodiment of the validity of personality right,It belongs to the nature of substantive law.The function of the injunction of personality right is to prevent and protect the infringement of personality right and to prevent the expansion of the ongoing damage.It is not premised on intentional and negligent subjective existence of the infringer.The injunction of personality right is different from the act preservation stipulated by civil litigation law before,and the two are divided into substantive and procedural in nature.The injunction of personality right does not bind with the lawsuit of personality right and its application is independent.The relationship between the injunction of personality right and the writ of habeas corpus is general and special.The writ of habeas corpus can be regarded as a special provision of the prohibition of personality right.It mainly applies to the protection of infringement of material personality right in family disputes.The entity constitution conditions of the injunction of personality right are divided into four aspects: the doer has illegal behavior,may cause irreparable damage,the right holder provides preliminary evidence to prove,and the comprehensive measurement of the rights and interests of both parties.Considering the way of review of personality right injunction and the degree of participation of the parties,the nature of the procedure of personality right injunction is both non-litigation procedure and litigation procedure.In order to achieve the benign application effect of the injunction system of personality right,its complete procedure should include three aspects:adjudication procedure,execution procedure and relief procedure.