Research On The Legal Application Of Personality Right Injunction

As a new system established by the Civil Code,the original intention of the civil code is to protect the personality rights of the civil subject in time and fully.However,because the Civil Code and the Civil Procedure Law did not stipulate their applicable rules,the personality bans have caused problems in applicable procedures,review standards,guarantee rules,and legal effects.Therefore,it is necessary to study the application of the law of personality rights,and then provide a path of thinking for the improvement of the perfection of personality rights.Through the method of standardizing analysis and case research,the typical cases of personality rights ban were analyzed,and the following issues were found in the application of personality rights: First,the attributes of the personality rights ban are controversial,and the existing personality rights ban The case procedure is basically referred to the application of the application or the personal safety protection order;second,the court currently does not uniformly review the criteria when dealing with the personality rights ban,the review method is not clear,and the certification standards are relatively general.Third,the court is currently in the court.In the process of handling of personality rights ban,no guarantee issues were mentioned,and there was a phenomenon of ignoring the guarantee rules.Fourth,in the current judicial practice,there is no clear life for the personality of the personality rights and the ruler of the personality right.Through the comparative research law,the useful experience of the external ban system is inspected and reference,and on the basis of analyzing the reason for the application of the person’s right to the law,the comprehensive countermeasures of the law of the person’s right to bans the law are proposed: in terms of applicable procedures,it can Drawing on the beneficial experience of the French emergency tailoring procedure,the special procedures for the addition of the ban on the Civil Procedure Law will be revised in the future.In terms of review standards,the review of personality rights ban shall follow the principle of substantial principles first and then,and learn from the useful experience of the US temporary ban,determine the review standards that are generally combined with exceptions,and also learn from the complaint of the defense of Swiss personality rights litigation defense defense.Benefit experience,pay attention to the type of analysis of the behavior of infringing different personality rights,and give different certification standards.On the issue of guarantee,drawing on the useful experience of temporary ban on the United States,determining the principle of guaranteeing the principle without guarantee as an exception guarantee rules,and giving judges to freely tailor the amount of deposit.The judge comprehensively considers various factors to determine the amount of guarantee.On the legal effectiveness of the personality rights ban,you can further improve the period of personality rights on the basis of referring to the period of personal safety protection,and learn from the beneficial experience of the British Marriva ban,and give the parties the right to revoke the ban.At the same time,the clarification of the person’s right to have a formal determination,and the substantive determination of the personality rights of the personality right is incomplete and the existing force is incomplete.It does not have a budget effect on subsequent personality rights lawsuits or behavioral preservation.