| Most of the consequences of infringing on personality rights are irreparable,and once they occur,they will cause enormous damage to the right holders.Relying only on post-relief cannot effectively protect the personality rights."The Civil Code" has created the injunction system of personality rights,which has made up for the shortcomings of the previous protection of personality rights.Together with other protection systems of personality rights,it has formed a personality rights protection system of "pre-prevention+post-relief".However,currently,there are only provisions in substantive law and there are no specific procedural rules for implementation.Many scholars in academia have debated the nature,procedural mode selection and specific procedural rule design of the personality rights injunction.In judicial practice,the procedures for various courts to hear cases of injunction of personality rights are also different,resulting in the personality rights injunction system can not fully play its effect,contrary to the original legislative intention of better protection of personality rights.Therefore,it is necessary to study the system of injunction of personality rights from the perspective of procedural law.By analyzing the legal attributes of the personality rights injunction,it can be found that the personality right injunction has both substantive and procedural attributes.Comparing the typical cases of personality right injunctions before and after the implementation of the Civil Code,it was found that there are significant differences in court application procedures,review focus,evidence proof,and guarantees.Based on the special attributes of the personality right inj unction,it is more appropriate to adapt it to existing procedural models such as ordinary civil proceedings,civil non-litigation proceedings,the cross application of litigation and non-litigation and smmary proceeding.Combining the handling methods of typical cases,the views of many scholars,and mature foreign experience,this procedure should be framed by non-contentious procedures,pursue a balance between fairness and efficiency to the greatest extent,and also need to carry out meticulous system design in the three stages of application,review,and adjudication. |
