Study On The Application Procedure Of The Injunction Of Infringement Of Personal Right

The separate title of personality rights in China’s Civil Code is an important step in the cause of personality rights protection in China,especially the provisions of the injunction against infringement of personality rights,which has been highly valued by civil and commercial law and other fields.The injunction against infringement of personality rights has provided a more expeditious way of relief for the protection of personality rights,but the application of the procedure for the injunction against infringement of personality rights is not yet clear.In practice,the judiciary mostly reviews cases of infringement of personality rights injunctions with reference to procedural provisions such as conduct preservation,which means that there are obvious differences in the review of elements and review standards as well as remedies in civil litigation across China.Due to the lack of relevant procedural provisions,the role of personality rights infringement injunctions cannot be fully utilised.The purpose of this article is to gain a basic understanding of the procedure for injunction against infringement of personality rights and to clarify the direction and path for the subsequent construction of the procedure for injunction against infringement of personality rights.The article firstly analyzes the current situation of the legislation on the injunction of infringement of personality rights.At present,only Article 997 of the Civil Code provides for the injunction of infringement of personality rights,and at the same time,after analyzing the current situation of the judiciary,it is found that there are problems due to the lack of supporting procedural rules for the injunction of infringement of personality rights,and therefore the situation of procedural chaos in practice.On the basis of this,the personal rights infringement injunction was compared with the systems of conduct preservation and prior enforcement and it was concluded that the personal rights infringement injunction is independent of the prior enforcement and ordinary conduct preservation,and at the same time,it can be seen from its characteristics and role that the personal rights infringement injunction is not necessarily accompanied by the litigation process.On this basis,Chinese scholars have put forward different views on its procedural mode.After analysis and argument,non-litigation procedures should be used as the basis,and at the same time,according to the provisions of the Civil Procedure Law,the ban on infringement of personality rights can be incorporated into the special procedures.In the process of procedural construction,the subjects and conditions of application should be clarified,the minimum rules of procedural protection for the respondent should be established in the process of trial,and the way of review as well as the focus of review should be clarified.