Research On The Injunctions Against Infringement Of Personality Rights

The introduction of the Civil Code in 2020 brought a new provision for the protection of personality rights,namely the prohibition of infringement of personality rights.The introduction of the prohibition system for infringement of personality rights has not only provided timely and efficient protection measures for the protection of personality rights,but also improved China’s personality rights protection system in this era of rapid technological development and increasing online infringement.However,the system of injunctions against infringement of personality rights in China is only in its early stages,so the relevant rules for injunctions have not been fully clarified.Most of them refer to the provisions of behavior preservation and related systems,which leads to a lack of unified standards in the enforcement of injunctions against infringement of personality rights.Courts in different regions may make different rulings on the determination of the same type of matter.Therefore,it is necessary to further improve the research on the prohibition system of personality rights infringement,in order to unify the normative standards and the legal application of personality rights prohibition.This article will be based on existing legal provisions to define the nature and characteristics of the prohibition of personality rights infringement.Through analysis of relevant systems and comparison with similar systems abroad,it will summarize and summarize the current situation and problems of China’s system of prohibition of personality rights infringement,and provide relevant suggestions for improving the system of prohibition of personality rights infringement.This article mainly elaborates from the following three parts.The first part is an overview of the prohibition system of personality rights infringement.Firstly,it summarizes the development and establishment of the prohibition system of personality rights infringement;Secondly,the nature and characteristics of the ban on infringement of personality rights were summarized and summarized.In terms of nature,the ban system includes both the nature of substantive law and the nature of procedural law;In terms of characteristics,this article believes that it has three main characteristics: urgency,temporary nature,and non fault nature,and that this prohibition only applies to behaviors outside the scope of personal safety protection orders;Once again,this article analyzes the procedural attributes of the prohibition of personality rights infringement,namely independence and non litigation;Finally,the prohibition system of personality rights infringement will be analyzed and compared with relevant systems in China and similar systems outside the region,laying a solid foundation for the improvement of the following systems.The second part is the practice and dilemma of the prohibition of personality rights infringement in China.This article first analyzes the elements of the prohibition system for infringement of personality rights in China’s existing legislation,namely the newly introduced Civil Code in 2020,and clarifies its legislative norms;Secondly,summarize the judicial application of the ban system on personality rights infringement in China,extract its commonalities,and analyze typical cases separately to summarize the current judicial difficulties of the ban system on personality rights infringement in China;Finally,the judicial dilemma is summarized and summarized,mainly including the following three points: inconsistent application conditions,unclear application procedures,and vague enforcement and remedies.The third part proposes corresponding improvement ideas in response to the judicial difficulties faced by the prohibition system of personality rights infringement in China,mainly from three aspects.One is the application for an injunction against personality rights infringement.In this section,the main focus is on exploring the scope of the application subject,application conditions,the pre procedure for the injunction against personality rights infringement,and the guarantee issues in the application.Especially for the latter two,this article believes that on the one hand,the notification rule should not be used as a pre procedure for the application for an injunction against personality rights infringement,and the right to choose should be handed over to the parties;On the other hand,there is no need to provide guarantees during the application process,which can reduce the burden on the applicant.The second is the review and application of the ban on infringement of personality rights.In this section,this article mainly explores the key points of formal and substantive review,especially for substantive review,which includes the proof standards of evidence,the state of the infringement,the judgment standards that are difficult to make up,the measurement of interests before and after the ban is issued,and the need to consider the success rate of the case.The third aspect is the enforcement and relief of the ban on infringement of personality rights.In the enforcement section,this article first demonstrates that the ban on infringement of personality rights has a certain degree of enforcement power;Secondly,in terms of the execution subject,a multi-party coordinated execution model has been established,with the people’s court as the main body and the public security organs,residents’ committees,and villagers’ committees as assistance;Finally,when encountering difficulties in execution,a combination of alternative execution and indirect execution was proposed to solve the execution problem.In the relief section,this article emphasizes the protection of both parties at the time,analyzing from three perspectives: the respondent’s violation of the injunction,the applicant’s erroneous application,and the parties’ objection,in order to solve the problem of responsibility,improve the review and hearing procedures for relief,and protect the legitimate rights and interests of the parties.