Research On The Prohibition Order System For The Protection Of Personality Rights

In order to further protect the rights of personality,the Civil Code of our country established the injunction of Personality rights protection for the first time,This system has attracted widespread attention from scholars.This article first analyzes the concept and nature of the injunction of Personality rights protection and compares it with the act preservation and personal safety protection orders in our country.First,the legal nature of the personal rights protection prohibition order and the act preservation difference is that the former is the content of substantive law,which reflects the effectiveness of personality rights,is independent and can operate independently of litigation;while the latter is the content of procedural law,and its implementation must be dependent on litigation.Second,the personal safety protection order is to provide preventive relief to specific personality rights,and the personal rights protection prohibition order is the relationship between special rules and general regulations.As a brand new system,the prohibition order for the protection of personality rights should set up special procedures to ensure its implementation.Subsequently,this article comparatively studied the prohibition order system of the two major legal systems-the injunction system and the fake system.,in order to be inspired by the system design.Finally,from the perspective of procedural law,this article puts forward suggestions on the system design of the prohibition order for the protection of personality rights from the aspects of application,review and trial,execution and relief.In terms of application,the subject of the application,application materials and the court of jurisdiction are clarified.The subject of the application is a natural person,legal person and other organization that has a direct interest in the case.The application materials mainly include an application for injunction of personality rights protection and proof of the existence/occurrence of infringements.For the relevant evidence,the courts with jurisdiction include the court at the place of infringement,the court at the place of residence of the respondent and the applicant.In terms of review,the review standards are discussed.The review standards include four major standards: probability of success,irreparable damage,balance of interests,and public interest.In terms of trial,it is proposed to set the interrogation procedure as a necessary procedure,apply the hearing in special circumstances,and combine the interrogation procedure with the hearing procedure.In terms of remedies,the parties concerned may apply for reconsideration if they are dissatisfied with the rejection of the application or injunction of personality rights protection.In terms of enforcement,the distribution of enforcement agencies with courts as the mainstay and public security agencies,neighborhood committees,and village committees as supplementary organizations will be established.If the respondent fails to perform the relevant obligations,the respondent shall be punished with delayed performance payment.