Research On The Application Of The Injunction Of Personality Rights

Civil Code of the People’s Republic of China creatively stipulates the injunction system of personality rights in Article 997.The injunction of personality rights is different from our country’s Act preservation,Advance execution and Cessation of infringement systems.It is a injunction measure of substantive law.The application of the injunction of personality rights can not only strengthen the comprehensive protection of personality rights,but also simplify the relief procedures for victims.However,due to the short time since the introduction of the injunction of personality rights and the immaturity of relevant systems and judicial practices,the application of the injunction of personality rights has the following three problems.Firstly,the scope of the subject and object of the injunction is narrow,which is difficult to meet the needs of practice;Secondly,the review standards are not clear,and the judgment standards of the courts in different places are different;Finally,the personality right injunction lacks a clear application procedure.In order to ensure the accurate application of the injunction system and achieve the legislative purpose of protecting personality rights,the following paths should be adhered to in application: On the subject of the application of the injunction,all individuals or organizations that have statutory or agreed protection obligations for the victim’s personality rights have the right to apply.The protection scope of the injunction includes personality rights and interests;In terms of the review standards for injunctions,comprehensive review and judgment can be made from four aspects: time requirements,evidentiary requirements,damage requirements and negative factors;In the application procedure of the injunction,it is possible to consider adding a type of independent injunction adjudication procedure.An injunction is made while balancing the parties and the public interest.