A Research Of Application Ristriction On Cessation Of Infringement Relief

With the enduring development of society, cessation of infringement has been adopted more and more in the practice of civil justice as a kind of relief by prosecutor in infringement cases. Meanwhile, the judgment of cessation of infringement will be a great influence on the rights of the client. Due to unspecific provision of the condition and scope in the application of stop-infringement relief in Chinese legislation, this relief is approved once applied in many cases. In this situation, some rights and public interests of the victims are damaged.At present, cessation of infringement has been applied to many fields in China, with only a few exceptions. However, it is not scientific to use this relief without legal basis. In contrast, detailed regulations have been made to the application of cessation of infringement in foreign legislation. No matter in the realm of Intellectual Property Right, Moral Right, Immission or other realm, accurate rules have been enacted to the appliance of the relief. Research to cessation of infringement in domestic paper is largely confined to the field of Intellectual Property Right. In fact, application of stop-infringement relief is more than that. We have to make a comprehensive investigation about the usage of it. Discusstion restricted to the field of Intellectual Property Right could not fully explain the importance of restriction and prohibition of stop-infringement relief. Moreover, it can not meet the need of social development.Based on the cases in which cessation of infringement is not used and also the relative laws at abroad, this thesis regards cessation of infringement as the research object and explores its application restriction. In the main part of the thesis, three problems have been investigated. First, by analyzing the state of stop-infringement using in China, the author points out the existing problems due to inadequate legislation. Second, a comparative analysis of relative foreign laws is made. Third, learning from foreign legislation, some principles and rules to restriction of cessation of infringement are proposed with regard to the reality of China.Through the above discussion, the author finally puts forward some suggestions. Only the application of stop-infringement relief could balance interest of all sides can the relief adjust to the rapid development of society.