Research On Injunction Procedures For Infringement Of Personality Rights

The modern society is changing rapidly,and the means of infringing Personality rights are diversified,which has brought certain hidden dangers to people’s personal dignity.The prohibition of Personality rights infringement is just in time,which provides a legal basis for deepening the protection of Personality rights.However,whether a system can operate effectively depends on whether it is equipped with mature and complete procedural guarantees.As a newly established system in the Civil code,the Personality rights infringement injunction has only Article 997 of the Civil code in terms of legislative norms,and this provision is relatively Abstraction,lacking specific procedural application rules matching it.This article mainly adopts the case analysis method,based on the application practice of the injunction against Personality rights infringement,and finds that in judicial practice,the court has adopted inconsistent application procedures,inconsistent review standards,and limited extensive application of the injunction application proposed by the parties.The imperfection of the normative level and the practical dilemma in practice indicate that the research on the continuation of the procedures related to the injunction of Personality rights infringement needs to be further analyzed.Therefore,in view of the above problems in the application practice of the injunction against Personality rights infringement,on the basis of previous research and judicial application practice,this paper proposes a solution to improve the system design by constructing a special procedure for the injunction against Personality rights infringement,that is,to meet the practical needs of procedure construction,from the application,issuance,execution and relief of the injunction against Personality rights infringement,it clarifies the specific idea of procedure setting.Firstly,from the perspective of the application for an injunction,the applicant must be the victim whose rights have been infringed upon.The application time may not be constrained by pre litigation or during litigation,but an application must be submitted to a court with jurisdiction and the application materials should be complete.Secondly,from the issuance of the injunction,the initiating party of the procedure should be the victim or relevant stakeholders,and the court cannot be the active issuing party.The court’s review of the injunction should adopt at least a standard of proof that is not lower than that of a personal safety protection order or action preservation.The specific review content should include the urgency of the infringing act,the difficulty of repairing the damage,and the protection of the rights of both parties,and should distinguish between general or emergency procedures to make a decision on whether to grant it.Thirdly,regarding the enforcement and relief of injunctions,the identity of the enforcement subject,the types of enforcement measures,and the means of applying for reconsideration or retrial for rights relief have been clarified.It is expected to provide procedural guarantee for the application of the new path of Personality rights protection in the current and future judicial practice,and to contribute to the interpretation and improvement of legal norms.