Research On Jurisprudence Analysis And Implementation Procedures Of Injunctive Relief For Personality Rights Infringement

Article 997 of the Civil Code of the People’s Republic of China on the prohibition of infringement of personality rights has attracted extensive attention in the academic and judicial circles.This provision is intended to provide a more comprehensive protection of the right to personality by establishing an efficient and efficient procedural realization mechanism for the right to claim the right to personality,in order to stop violations of the right to personality in a timely manner,to provide efficient relief for the right holders.The model procedures currently civil procedure are mainly special procedures,but special procedures are tailored to the specific types of non-contentious cases.This kind of relatively solidified and closed legislative mode leads to the legal provisions in this field more cumbersome,fragmented,and more importantly,will lag behind the development of the civil rights protection system.Only on the basis of clarifying the procedural nature of the injunction of infringement of personality right,can we make clear the value standard that should be followed to realize the establishment of procedure in procedural law.The text is divided into six chapters.The first chapter is the introduction,which mainly introduces the background and significance of the article and the present research situation at home and abroad,this article mainly introduces the substantive law attribute and the procedural law attribute of the personal right infringement injunction,which lays the theoretical foundation for the procedure establishment of the personal right infringement injunction,the article mainly analyzes the application conditions of the injunction system,such as "Being implemented","About to be implemented","Illegal act"and "Irreparable damage",which are stipulated in article 997 of the Civil Code The fourth chapter is about the procedure choice of the personal right infringement injunction,which divides the personal right infringement injunction system from the concepts of behavior preservation and personal security protection injunction,chapter Five is about the establishment of the due process of the injunction against the infringement of the right of personality,from the legislative attribution of the procedure,start,review,the procedural rights of the parties and relief,legal effect and other aspects of the implementation of the prohibition procedures and the arrangement of the procedural law for reference and suggestions;The sixth chapter is the conclusion and prospect,which summarizes the opportunities and challenges of constructing the realization.