Research On The Prohibiton Procedure Of Personality Rights In China

In order to effectively cover the scope of protection of personality rights,China’s Civil Code has created a system of prohibition on personality rights,which has attracted widespread attention from civil law scholars and civil litigation scholars.This system is a major innovation in China’s personality rights legislation,responds to people’s vision and expectation of personality rights protection,opens a new chapter in China’s personality rights protection,demonstrates China’s determination to safeguard human dignity and protect personal interests,and conforms to the needs of the development of the current era.This article grasps the connotation of the prohibition on personality rights,and although there is a certain degree of overlap with other civil systems,it can be distinguished and cleared the way for the construction of the procedure for the prohibition of personality rights.Before the official implementation of the Civil Code,the prohibition system had a prototype in China,and many legal texts were scattered in different fields,such as:pre-litigation injunctions on intellectual property rights,maritime injunctions and personal safety protection orders,etc.,which shows that the creation of China’s personality rights prohibition system has its own development traceability.From the perspective of comparative law,China’s personality rights prohibition system also learns from the legislative experience of the prohibition(false punishment)system of extraterritorial legal systems.In the more than two years since the Civil Code came into force,courts in various places have tried most of the personality rights injunction cases with reference to the provisions of behavior preservation and personal safety protection orders.With the development of judicial practice,the application of the prohibition on personality rights has gradually exposed some problems.Up to now,my country’s "Civil Procedure Law" has not made detailed rules on the procedure of the prohibition of personality rights,and lacks the connection and application path between procedural law and substantive law.In addition,some key issues of the prohibition of personality rights are still in dispute in the theoretical and practical circles.This will inevitably lead to confusion in judicial practice.This article sorts out the current judicial status quo,selects representative typical cases,analyzes the people’s courts’ thinking on cases,and analyzes the application dilemma of the prohibition on personality rights in judicial practice.In order to avoid the embarrassing situation where there is no applicable procedure,it is necessary to legislate as soon as possible to clarify the application procedure of the personality right prohibition.The author tries to establish micro-specific rules on the basis of macro-procedure determination,from application,trial and execution,effectiveness and relief,etc.On the one hand,it puts forward rules and suggestions to realize the coordination and docking of the relevant provisions of the procedural law and the substantive law,so as to give full play to the greatest advantages of the injunction system of personality rights and fill the legislative gap in the injunction procedure in our country.