Research On The Legal Issues Of The Prohibition Of Infringement Of Personality Rights

The prohibition of personality rights infringement is an original creation of China’s Civil Code.By introducing the form of prohibition to stop ongoing or upcoming personality rights infringement behaviors,the protection of personality rights is advanced from post relief to pre prevention,reflecting China’s determination to improve the protection of personality rights.Of course,the current system of injunction against infringement of personality rights is not complete.After the completion of the preliminary interpretation of Article 997 of the Civil Code on the prohibition of infringement of personal rights,the relevant judicial interpretation and procedural provisions were not followed up in a timely manner,and the legislation and regulations on the reference elements of injunction,review procedures,relief methods and other issues were not clear,which often led to "failure to follow" in judicial practice.This article first traces the origin of the ban on infringement of personality rights,and based on the understanding of the legislative background and purpose of the ban,analyzes the legal attributes of the ban.It is clear that the ban on infringement of personality rights is a manifestation of the right to request personality rights,but it has both substantive and procedural legal attributes.Comparing the prohibition of personality rights infringement with similar systems,it is found that the prohibition of personality rights infringement is different from the preservation of behavior,but has similarities with the personal safety protection order.The personal safety protection order should be regarded as a specialized treatment of the prohibition of personality rights infringement.Secondly,based on the legislative and judicial status of the ban on personality rights infringement,relevant cases since the implementation of the ban are analyzed,summarizing and refining the legislative and application issues of the ban on personality rights infringement in terms of application conditions,review procedures,remedies,etc.Finally,the specific issues related to the prohibition of personality rights infringement are summarized,scholars’ disputes are discussed.This article draws on the mature experience of temporary relief measures in foreign countries to improve the legal issues related to the injunction system of infringement of personal rights.In the application conditions of the ban on infringement of personality rights,the scope of protection of the ban,the measurement standards for irreparable damages,and the proof standards provided by the applicant for the ban should be clearly defined,and the application of the ban should be considered in the public interest.In the review procedure of injunction against personality right infringement,the position of the injunction review procedure should be clarified,the corresponding review procedure should be determined,and the relationship between injunction and litigation should be analyzed.In the protection and relief of the ban on infringement of personality rights,the objection procedure prohibiting infringement of personal rights should be normalized,and the application of guarantees for compensation for damages should be explained.The principle of liability attribution and the subject of responsibility should be clarified,and corresponding compensation responsibilities should be established.