| The prohibition system of personality right stipulated in Article 997 of the Civil Code adds a new way to the protection of personality right.Personality right itself has its particularity.Once it is infringed,the damage is often difficult to make up for,and it is difficult to restore to the perfect state before being infringed.The Internet era has aggravated this infringement.In order to better realize the protection of personality right,the law stipulates the prohibition system of personality right.The system itself is not a pure substantive law norm,nor is it a pure procedural law norm,but spans the two major fields of substantive law and procedural law.At present,the provisions on the injunction of personality right only appear in the ’ Civil Code ’,and there are no procedural provisions supporting it,which will greatly limit the exertion of the injunction procedure of personality right.It is hoped that through this article,some effective targeted opinions can be put forward for the future connection between civil procedure law and substantive law.This article is divided into the following parts:The first part is the introduction,which introduces the research background and significance of the prohibition of personality rights,the research status and literature review,and the research content and research methods of this article.The second part describes the attributes and characteristics of the injunction of personality rights and its relationship with other related procedures in order to better understand the injunction system of personality rights.In fact,the injunction system of personality right has the dual attributes of substantive law and procedural law.It is clear that the injunction of personality right is a quasi-litigation procedure and the injunction of personality right is an external form of the defensive nature of personality right.It has the characteristics of prevention,urgency and timeliness,non-temporary and independence,and introduces the relationship between the injunction system of personality right and the related systems of behavior preservation,advance execution,personal safety protection order,intellectual property pre-litigation injunction and litigation procedure.The third part mainly interprets the substantive conditions of the prohibition of personality rights,mainly including the scope of protection of the prohibition of personality rights,the evidence that the perpetrator is implementing or about to implement the infringement of personality rights,and may cause irreparable damage to the right holder;the fourth part mainly discusses the procedural structure of the personality right prohibition system,including the initiation,review,effectiveness and relief of the personality right prohibition procedure. |
