| Personality rights,embodying the concept of human dignity and the worth of self-improvement,are the most fundamental and important rights among civil subjects.The promulgation of Article 997 of the Civil Code of China has provided a brand-new way for the remedy of personality rights,changing from the remedy after the fact to the remedy before and during the fact,which has greatly made up for the shortcomings of the previous remedy procedures of personality rights,and has established a judicial remedy mode that is both preventive and compensatory in line with the current era of big data and information.This paper is divided into four chapters.The first chapter,giving the fundamental explanation of personal rights injunction system,introduces the origin of personal rights injunction system,the basis of the right to request,and the characteristics of personal rights injunction system,and then contrasts it with other systems,in order to ascertain its purpose and superiority.The second chapter analyzes the problems of ambiguous legal effect,unclear standard of proof and unclear standard of damage determination through judicial case reviews.In addition,because of the late start and insufficient experience of the prohibition system of personality rights in China,the third chapter introduces the legislative concept and relatively complete judicial experience of the United States,the United Kingdom,Germany and Switzerland in the field of personality rights injunction respectively,some of which have important reference significance for China,such as the measurement of public interest in the United States,the listening system in Switzerland,and the proportionality principle in Germany.The fourth chapter summarizes and profoundly analyzes the problems and shortcomings of China’s personal rights injunction system,and combined with the relevant extraterritorial provisions,this chapter makes a few suggestions for its improvement,in the hope that it can be more complete. |
