Research On The Personality Rights Injunction System

The personality rights in the "Civil Code" are compiled independently,which shows that our country attaches great importance to the protection of personality rights.Once personality rights are infringed,the result is often irrecoverable.Compared with the post-event relief of tort liability,the personality rights injunction system has the dual functions of prevention in advance and relief after event,and advances the time node of personality right protection from the post-event to the prior,which makes up for the shortcomings of the protection of personality rights and broadens the remedy channels of personality rights.But as a new system,the prohibition system of personality rights is still in the initial stage of development.There are too general provisions on the prohibition system of personality rights,and the nature of the system,specific conditions of application,and what kind of procedure should be applied are not clear.The unclear legislation will inevitably lead to confusion and contradictions in the judicial application of the system.However,it is undeniable that the prohibition system of personality rights still has its own unique and powerful advantages.The personality rights injunction system has the nature of procedural law,which is different from behavior preservation system and can cover personal safety protection order.This system not only clearly demonstrates the value of efficiency and order and coincides with the concept of respecting and guaranteeing the protection of human rights in our country,but also has the significant value of protecting the personality rights of civil subjects in all aspects and dealing with personality rights infringement disputes more quickly.However,by reviewing the application status of the personality right prohibition system,it is found that the application of the system in judicial practice is not satisfactory,and there are many problems,such as the trial procedures and review elements of applications for personality right injunctions vary among courts at different levels,leading to confusion in the application of procedures and unclear legal effects in such cases.Based on the existing theoretical research,this paper clarifies the procedural law nature and practical value of the personality rights injunction system,and investigates the beneficial experience of the relevant systems in foreign countries through comparative research method,so as to provide reference for the improvement of the prohibition system of personality rights in our country.Finally,from the perspective of interaction between substance and procedure,the improvement of the prohibition system of personality rights is discussed separately.At the substantive level,the conditions of application and legal effects of the personality rights injunction system should be clarified,the standard of proof for infringement of personality rights should be probabilistic,irreparable damage should be identified by using multiple factors,the period of effectiveness should be determined according to the specific type of personality rights,and the legal responsibility of the respondent should be increased in case of violation the injunction.At the procedural level,through the addition of independent non-litigation procedure and the construction of an enforcement system assisted by multiple subjects,the judicial application value of the prohibition system of personality rights will be increased,so as to realize the substantive legitimacy and procedural fairness of the application of the prohibition system of personality rights in our country.