On The Prohibition Of Personality Rights

Since the prohibition of personality rights was added in the personality rights section of the Civil Code,this system has been one of the hot topics discussed by the legal circle in the past two years.As a preventive protection measure of the right of personality,the prohibition of the right of personality shifts the focus of the protection of the right from post-relief to pre-relief.Firstly,according to the legislative background and purpose,summarize the characteristics,functions,and nature of the prohibition of personality rights.Investigate the systems of prohibition of personality rights in the civil law system and the common law system,and draw institutional experience.However,the legal provisions of the prohibition of personality rights are too simple,with only one provision as a provision.Therefore,the following four problems are raised: First,there is no clear procedure for the prohibition of personality rights;Secondly,there is confusion in the application of the prohibition of personality rights and act preservation.Thirdly,the application of injunction and act preservation with the function of protecting personality rights is chaotic;Fourth,the relationship between the prohibition of personality rights and the prohibition with the function of protecting personality rights needs to be clarified.Because the prohibition of personality rights is a prohibition prescribed in substantive law,it belongs to the rapid realization mechanism of the form of preventive responsibility in the field of infringement of personality rights,which is different from the behavior preservation and prior execution in procedural law.Through the analysis and comparison of the theory of procedural construction,non procedural construction,and mixed procedural construction of the personality right injunction procedure,it is concluded that the adaptive procedure of the personality right injunction should take into account the characteristics of both procedural and non procedural procedures,and the design mode of applying mixed procedures is the most suitable for the personality right injunction.Because there are many" injunctions "in the field of civil and commercial law,including intellectual property rights injunctions,environmental protection injunctions,and personal safety protection orders,the term" injunction "is used in the name of these injunctions,but in various legislations,judicial interpretations,and judicial cases,the relevant procedures for" preservation measures "are used.".Therefore,clarifying the relationship between these procedures is the basis for ending this chaotic situation.Therefore,it is clear that the "prohibition of personality rights" clause stipulated in the Civil Code is a general preventive and protective measure to protect personality rights,which has a general and special relationship with the personal safety protection order,a cross relationship with the intellectual property rights prohibition and environmental protection prohibition order,and a coexistence relationship with the entire process of behavior protection.It is precisely because of the specific relationship between the prohibition of personality rights and the prohibition with the function of protecting personality rights that a scientific and reasonable procedure is constructed for the prohibition of personality rights,that is,a complete procedure is constructed for all prohibitions.This improves the system of preventive protection measures,clarifies the respective protection objects of the personality right prohibition and behavior preservation procedures,and connects the application of the personality right prohibition and behavior preservation procedures in judicial practice.Finally,the specific rules for the prohibition of personality rights will be designed from four aspects:application,review,enforcement,and relief.