Research On The Prohibition System Of Personality Rights In China

The privacy and information of individuals are frequently mentioned in the trial of personality rights cases in China,and the importance of preventing and protecting the privacy and information of individuals as one of the important objectives of the reform of personality rights trials in China is becoming increasingly prominent.With the official implementation of the Civil Code of the People’s Republic of China,a personality rights injunction is an effective means to prevent the leakage of citizens’ privacy and reputation damage,and to safeguard their legitimate rights and interests,as well as an important tool in social governance.In the area of IPR litigation,injunction relief has the advantage of high efficiency and low cost,and China needs to establish a complete procedure for IPR injunction relief as soon as possible and enhance specific rules for IPR injunction relief.The author takes the typical cases of personality rights injunction as the object of study,examines the operation of personality rights injunction in trial practice,examines the problems in practice and puts forward feasible suggestions for improvement.Specifically,four parts are included.The first part discusses the value and usefulness of the personal rights injunction system from the meaning and institutional history of personal rights injunction,while comparing it with the differences of other similar systems.Specifically,it summarizes the meaning,characteristics and functions of personality rights,and then compares them with similar systems to highlight the superiority of the Injunctions as a way of protecting individual rights.The second part takes the typical cases of personality rights injunction as the object of study,and examines the actual operation of the current situation of personality rights injunction,it can be seen that the system of personality rights injunction is only vaguely stipulated in its conditions of application,and the problems are concentrated in the unclear elements of review,unclear legal effects,inconsistent choice of procedures and imperfect protection procedures.The third part is selected from the common law system and civil law system in typical countries and regions,by examining the relevant legislative provisions and operational status of different countries and regions,in order to provide useful reference for the application of the system in China.The final section focuses on exploring the essential meaning of the system based on the study and justice of the injunction system,supplemented by the experience of the application of the relevant systems in the extra-territorial areas,and will make appropriate recommendations for improvement.The main proposals are: clarification of the applicable elements of injunctions,regulation of the review elements of injunctions,harmonization of the criteria for review of injunctions,and clarification of the legal effect of injunctions and their effective duration,,to smooth the docking mechanism between personal rights injunction and litigation;to clarify the legal consequences of wrongful application of injunction and to use the security system reasonably in the injunction system to increase the protection of the rights of both parties to the dispute.Only by grasping the key principles of the system can we develop our country and make it prosperous.