The Research Of Prohibition System Of Personal Right In Civil Code

The injunctive system of personality right is one of the key innovations in the title of personality right of the Civil Code.On May 28,2020,the Civil Code of the People’s Republic of China was formally issued,in which the injunctive system of personality right is stipulated in Article 997 of the title of personality right: "If a civil subject has evidence to prove that the actor is or will soon infringe on his right of personality and fails to stop the act in time,which will cause irreparable damage to his lawful rights and interests,he shall have the right to go to the court for asking to stop the relevant act".The establishment of the system solve the problem of the lack of application of injunction in the field of personality right protection,from then on,the right protection system of China’s injunction system will go hand in hand in three major fields,namely the field of intellectual property,family affairs and personality rights.The unprecedented function of the injunction system of personality right makes it an independent remedy method to prevent the infringement of personality right,which hold up a safe umbrella for the right of personality.But on the Internet era,we still should see that there are many imperfections in the personality right of the civil code.So this article from the general theory of the ban,through analyzing the characteristics of the injunction,the function,applicable conditions,applicable procedures,legal effect,and the problem of legal consequences to put forward the perfect direction of the prohibition in the field of personality right in the future.Based on the analysis of the injunctive clause of personality right,this paper is divided into three parts.First of all,from the meaning of personality right,the history of development,the general concept of prohibition and the legislative background of the prohibition system of personality right to lead the problems to be studied,and then analyzes the nature and characteristics of the prohibition of personality right and the function of the prohibition.Secondly,the second part compares the discrimination between the injunction of personality right and related systems,including: the discrimination between the injunction of personality right and the behavior preservation of the Civil Procedure Law,the discrimination between the injunction of personality right and the injunction of knowledge property before litigation,the discrimination between the injunction of personality right and the injunction of habeas corpus protection,the discrimination between the injunction of personality right and the injunction of precedence and execution;Again,the third part introduces the applying condition of the personality right ban,application procedures,the force of law and the legal consequences,which is the core part of the article,in addition to discussing the article of civil code of nine hundred and ninety,also analyzed the application ban restrictive conditions,such as lake and freedom of speech,balance of interests between the parties and the public interest.Not only that,the procedure of the injunction application,the issue of the effect of the injunction and the legal effect are discussed in this part.