Study Of Applying The Procedural Law Concerning The Injunction System Of Personal Right

The injunction system of personal right is an important system established in the Civil Code of our country.It provides an effective path for improving the guaranteeing of personal right,complies with the demand of judicial reform,and embodies the protection of personal rights of civil subjects.This system is still in the initial stage.Its legal regulations are relatively simple.There are many arguments over its method of application.In this thesis,the author learns from different countries and absorbs their respective experience of the injunction system of personal right.Then,he combines legislation with judicial practice of our country.Based on the theory of neutrality,participation,equality,timeliness and reasonability of proceedings,the author takes account of both the efficiency of proceedings and the guarantee of the party’s rights and interests.He designs the injunction proceedings of personal right from application,review,trial,enforcement,and remedy,etc.As to the non-contentious proceedings,he introduces the contents of procedural guarantee by means of litigious jurisprudence to meet the need of time and the demand of judicial practice.In this way,the ideal path for the injunction proceedings of personal right can be established.