Application Of The Law To The Prohibition On Infringement Of Personality Rights

With the development of the times,people’s legal awareness has been continuously strengthened,personal information protection has gradually received attention,and the arrival of big data has brought another wave of challenges to the law,personality infringement disputes are not only limited to real life,there are often more personal information leakage and privacy infringement in the network.Personality rights are the most basic and important rights of civil subjects,the Civil Code will personality rights into a separate chapter,reflecting the value of respecting human dignity and personal freedom,our country’s fundamental starting point is the fundamental interests of the broad masses of the people,but also the implementation of people-oriented values,in the era of continuous development of today,taking into account the prevention and relief function of the infringement of personality rights prohibition system to make our country personality rights protection more perfect,only the correct understanding and application of relevant provisions can make up for the lack of personality rights protection,Further clarifying the conditions for its application is conducive to better protecting human rights.Starting from the basic understanding of the system of injunction on infringement of personality rights,this paper analyzes and analyzes its concept and previous systems according to the express provisions of the law,expounds its functional value,and clarifies the legal attributes of the prohibition on infringing on personality rights.Secondly,through the current application status of infringement of personality rights combined with judicial practice,the current problems are identified,that is,the rules are general,the review standards are not uniform,combined with China’s national conditions and development situation,the following suggestions are put forward in response to the raised issues: substantively refine the application conditions and activation subjects of the Article 997 system of the Civil Code,and unify the review standards for the application of prohibitions;Procedural clarification of the legal effect and validity period of the injunction system for infringing on personality rights,introducing a guarantee system,reasonably applying the hearing system to improve the reconsideration procedure;Finally,in terms of remedies,clarify the legal consequences of erroneously applying for an injunction,and strengthen the enforcement safeguards for injunctions infringing on personality rights.