Research On The Principle And Application Of Personality Right Injunction System

my country’s "Civil Code" implemented on January 1,2021 separates personality rights into a series,and a very distinctive content is that it clearly stipulates the prohibition system of personality rights.For the violation of personality rights,once the violation occurs,the damage consequences are often difficult to make up,and the complete state of personality rights is difficult to restore.Especially in the Internet age,the extremely fast network communication speed and the extremely wide network communication media make it more difficult to protect the personality rights in the network platform.So in order to solve this practical dilemma,the law stipulates the system of personality right injunction.However,the system itself is complex,covering the two major fields of civil substantive law and procedural law.The content involved is diverse and complex,and there is also a lack of a corresponding system in comparative law.Therefore,it is very important to carry out further research on personality right injunction.Needed.As a brand-new system,the personality right injunction still has legal gaps in many aspects,and the supporting legal provisions are seriously lacking,which intuitively reflects the chaotic situation in which the courts deal with personality right injunction cases.Therefore,this paper will discuss the abovementioned issues through four parts,trying to find a set of program operation rules that can truly conform to the personality right injunction system.The first is to define the concept of personality right injunction,to clarify the concept,and to analyze the design function of the injunction,focusing on the interpretation of the two functions of damage prevention and relief.Then it analyzes the characteristics and nature of the injunction system of personality rights.Based on the unique attributes of the prohibition of personality rights,the characteristics of prevention,urgency,non-temporary and independence are summarized.Regarding the nature of the personality right injunction,it is directly related to the legal nature and affects the development of subsequent procedures.Therefore,only by accurately grasping the nature of the prohibition of personality rights,will the prohibition system not be confused with other systems.Through analysis,it is known that the provisions of Article 997 of the Civil Code are a unique system for the protection of personality rights in substantive law.Based on this system,the injunction procedure extended to personality rights is a unique realization procedure for the right to request personality rights.Then a key question arises,what is the unique realization procedure of the prohibition of personality rights.By analyzing the principles and characteristics of the design of the procedural system,we can find that the litigation process cannot meet the realistic urgency of the injunction of personality rights,the protection of rights is too lagging behind,the non-litigation process is suspected of restricting the litigation rights of the parties,preservation and advance Enforcement also cannot cover personality rights injunctions.On this basis,it is proposed that the injunction procedure of personality rights should be an independent personality right protection procedure based on non-litigation procedures and taking into account the nature of litigation.Then the development and procedural design of the program are described.