A Study Of The Injunction System Of Personality Rights

The Civil Code,which was introduced in 2020,provides for a personal rights injunction system in Article 997.The creation of the personal rights injunction system has enabled the protection of the personal rights of civil subjects to move from ex post relief to ex ante prevention.It can be in the civil subject’s right to personality is about to be infringed or has been infringed but has not yet caused more serious consequences to stop the wrongdoing in a timely manner,to make up for the purpose of restoration of the status quo ante relief mode is too negative resulting in the protection of the civil subject’s right to personality is not comprehensive normative defects,for the protection of the civil subject’s right to personality to provide more timely,swift and thorough legal basis.However,due to the construction of China’s personality rights injunction system is still in the initial stage of development,there is only one article on its provisions,resulting in its relationship with the pre-litigation behavior preservation and other related systems,as well as its application conditions,hearing methods,legal effects,etc.are lack of clear and detailed provisions,which will inevitably bring about difficulties in the application of judicial practice.This article is the object of this study,and I hope to make a modest contribution to the improvement and application of the system.This article first provides an overview of the personal rights injunction system.It is pointed out that the personal rights injunction system is a new substantive legal system to protect the personal rights of civil subjects,and is one of the personal rights claims,not the expression of the procedural system in the substantive law.It has two important functions,namely ex ante prevention and timely relief.Personality rights ban system and pre-litigation behavior preservation system in the application of the scenario may overlap,but the personality rights ban system can not be replaced by pre-litigation behavior preservation system,the difference between the two is mainly reflected in the legislative purpose,the relationship with the litigation process,the legal effect,identification mark and other aspects.On the basis of the previous article,the current situation and problems of the personality rights injunction system are discussed.It is pointed out that there are four deficiencies in the legislation of China’s personality rights injunction system,namely,unclear provisions on the elements of application,unclear provisions on the manner of hearing,unclear provisions on the duration of effectiveness,and the lack of remedies when the applicant’s application fails.Then,this paper explores the current situation of the judicial application of China’s personality rights injunction system through an in-depth analysis of three typical cases of personality rights injunction applications.It also points out that there are inconsistencies in the hearing procedures,inadequate reasoning in the rulings and inconsistent understanding of the applicable conditions when the people’s courts in China are hearing cases for injunctions against personality rights.Finally,in view of the problems in the legislation and judicial application of China’s personality rights injunction system,useful suggestions for improving the personality rights injunction system are put forward.Specifically,the existing provisions of the personality injunction system should be further improved,such as clarifying the application requirements for personality injunction,clarifying the procedural rules for personality injunction,clarifying the legal effect of personality injunction,clarifying the legal liability for personality injunction,and clarifying the relationship between the application of personality injunction and other procedures.At the same time,the judicial application rules of the personality injunction system should be improved,for example,the consideration of the application of personality injunctions by the people’s courts should be standardized,the people’s courts should be required to give clear reasoning in their rulings,and the criteria for judging the conditions of application by the people’s courts should be unified.