Research On The Injunction System Of Personality Rights

In the case of infringement of personality rights,China used to provide legal protection for personality rights mainly through the method of "infringement + litigation preservation +civil liability".However,this method is difficult to meet the special needs of personality rights protection under the rapid development of society.In 2020,Article 997 of China’s Civil Code adds the injunction system of personality right,which provides an efficient way to prevent damage for the protection of civil subject’s personality right.But at present,the system is not mature,the nature is still controversial,and there is only one legal provisions to regulate,the content of which is relatively concise and abstract,which is difficult to cope with complex judicial practice,and is easy to weaken the application of the personality rights prohibition system,or cause confusion in the application of procedures.Therefore,it is of great legal value to further combine theory and practice to study the injunction system of personality right.The injunction of personality rights is the embodiment of the effectiveness of personality right and the externalized form of defensiveness of personality right.It belongs to the injunction of substantive law and is independent.And it has both damage prevention functions and remedial functions.Based on the feedback of judicial practice,this paper analyzes the application of the injunction of personality right from four aspects: the overall approval situation,the consideration factors of the ruling,the scope of application,and the types of relief measures.It finds that there are some problems in practice,such as the application of provisions that are too general,the lack of systematic review standards,the different and absent application procedures,the unclear legal effect,and the imperfect punishment system for violation of injunctions.As a result,it is difficult for the injunction of personality right to play its expected role effectively.On the basis of referring to the mature injunctions of the common law system and the civil law system of personality right litigation and false disposition system,based on the local rule of law needs,this paper proposes to refine the applicable rules of personality right injunctions,clarify the reasons for blocking the "illegality" of the conduct,determine the "irreparable damage" from the specific types and circumstances of personality rights,and apply the standard of proof of "superiority";Establish systematic review criteria for personality rights prohibitions,so that the possibility of winning a lawsuit does not need to be a necessary consideration;Implement the design of supporting procedures,add injunction procedures with reference to non-contentious procedures,and apply guarantees as the principle and exceptions to non-applicable guarantees;Improve the supporting punishment system,enhance the pertinence of punishment methods,and implement criminal law punishment for violations of prohibitions,in order to make a modest contribution to improving and optimizing the application of the system.