Research On The Application Of Personality Right Injunction In Civil Code

The Civil Code of China makes the right of personality into an independent compilation,and clearly stipulates the prohibition of the right of personality for the first time in Article 997,it is a new way to protect human rights,as well as a necessary measure to protect human dignity and rights and interests.It focuses on the prevention and prevention of infringement,so as to extend the protection period and broaden the protection dimension.The injunction of personality right itself belongs to the category of substantive law,but it is inseparable from the procedural law,and it needs to rely on the procedure to realize the comprehensive protection of personality right.However,its application is still in the exploratory stage.There are still many disputes in the theoretical and practical circles regarding the nature,application requirements,procedure selection,and review standards of the personality right injunction.How to apply the norms has become the most important issue at present.In this regard,for the smooth implementation of the personality right ban,first of all,starting from the basic understanding of personality right prohibition,explore its legislative development trend,combine its main content,analyze its functional value,adapt to the development of the times,combine prevention and relief functions,and clarify the legal attributes of personality right prohibition.As a substantive law concept,it is based on the right to claim personality rights and is not limited to the constraints of litigation.Although there are similarities with behavior preservation,there are obvious differences,and it should be a selection relationship in application.Personal security injunctions have a broader scope of application than personal safety protection orders are general and special.Secondly,analyze the application of personality right injunction and the predicaments it faces,and point out four major problems in the current application by sorting out the status quo of judicial application of personality right injunction and summarizing typical cases:confusion in the application of procedures,The application conditions are vague,the review standards are different,and the legal effect is unclear.Finally,on the basis of the above-mentioned research,combined with the advanced experience of the prohibition of extraterritorial countries,it uses the method of interpretation to solve the dilemma of the application of the prohibition of personality rights.While applying non-litigation procedures,attention should be paid to the protection of rights,and the subject and conditions of the application should be explained in detail.Notification rules do not need to be pre-applied.Guarantee is applicable to non-personal areas.The success rate,but the interests should be weighed,the temporary effect and legal responsibility of the injunction should be clarified,and it is hoped that it will be beneficial to the application of the personality right injunction system in the future.