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Research On The Injunction System Of Personality Rights

Posted on:2022-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:H F WangFull Text:PDF
GTID:2516306614955119Subject:Publishing
Abstract/Summary:PDF Full Text Request
The prohibition system of personality rights is a highlight of the co mpilation of the Civil Code.It is an important legislative innovation,which reflects the importance that the law attaches to the protection of personality rights and makes up for the shortcomings of the protection of personality rights in China.As the system has just been established and is in the development stage in both legislative and judicial aspects,it is faced with problems such as vague substantive law provisions,disputes in the procedural model of applying the ban,and the lack of unified standards for the review and judgment of the courts.This paper uses comparative analysis method,case analysis method,literature analysis method and other analysis methods to construct a perfect personality right prohibition system by analyzing the problems existing in legislation and justice.For China’s anti-domestic violence law and the civil code of the general fuzzy,apply the prohibition system procedure mode is controversial,the article puts forward the use of judicial interpretation of relevant provisions,clearly apply the system of non-litigation procedure mode and application procedure,standardize the court of the prohibition application review judgment criteria and perfect relief procedures,in order to help the improvement of personality right protection system in our country.
Keywords/Search Tags:Prohibition of personality right, Program schema, Protection of personality rights
PDF Full Text Request
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