Research On The Procedural Construction Of Prohibition Of Personality Right

The PRC Civil Code promulgated in 2020 stipulated the Prohibition of personality right for the first time.The establishment and implementation of this system is undoubtedly an important milestone in the history of my country’s personality rights protection system.Prohibition of personality right,as a new preventive relief measure,not only has no specific implementation rules in procedure,but also lacks operational experience in judicial practice.First of all,I starts from the connotation and development and evolution of the prohibition in the way of theoretical research,combined with the importance of the protection of personality rights and the background and development of the prohibition of personality rights in my country,to demonstrate that the prohibition is a preventive measure for personality rights in the Internet era.natural advantages.And starting from the essential attribute and value function of personality right,it proves the legitimacy and necessity of the prohibition of personality right.Secondly,it adopts an empirical research method to analyze the difficulties in the practical application of the first case of the personal right injunction ruling made by the Guangzhou Internet Court,and explores the necessary elements for constructing the personality right injunction procedure.Finally,according to the empirical research results,the specific assumption of the program construction of the prohibition of personality rights.In the adjudication procedure part of personality right injunction,it starts from the aspects of procedure initiation,trial procedure and review standard,and designs it according to the particularity of personality right injunction cases.In terms of the effectiveness and execution of the injunction ruling on personality rights,the uniqueness of the injunction trial procedure determines that the injunction ruling on personality rights has no res judicata effect.In addition,multiple relief methods and compensation liability for wrongly applying for an injunction are set up for the personality right injunction procedure,which not only guarantees the proper application of rights,but also prevents the abuse of the personality right injunction system.