Research On The Application Of Personality Right Injunction In Legal Person Reputation Right Dispute

Article 997 of the "Civil Code" implemented on January 1,2021 stipulates the injunction system of personality rights,which provides a new path for the protection of the right of reputation of legal persons in my country.Many questions remain.This paper is mainly divided into four chapters:The first chapter mainly analyzes the status quo of the application of personality right injunction to legal person reputation right disputes.First of all,it explores the legislative status of the legal person’s reputation right,the injunction system of personality rights in the Civil Code,and the behavior preservation system in the Civil Procedure Law.Secondly,it introduces the cases of the preservation of the reputation rights of legal persons before the promulgation of the "Civil Code" and the cases of the prohibition of personality rights after the promulgation of the "Civil Code".Through the analysis of theory and practice,it summarizes three problems in the application of personality right injunction to the right of reputation of legal persons,namely,the standard of proof of application for injunction of personality right,the confusion in the identification of "irreparable damage" for different types of legal persons,and the right to reputation of legal person.Balancing issues with rights such as freedom of speech.The second chapter first discusses the broad interpretation of the "evidence" clause,clarifies that "evidence" refers to a higher probability rather than a high probability,and then specifically discusses the proof standard of the injunction system,which should be higher than the pre-litigation The behavior preservation system is slightly lower than ordinary litigation;then,based on the particularity of the right of reputation of a legal person,it is believed that the right of reputation should have a higher standard of proof than the right of material personality,and the right of reputation of a legal person should be compared with the right of natural person.higher.The third chapter mainly discusses that the legal person should be identified by types of "irreparable damage",starting from the two types of for-profit legal person and non-profit legal person,to determine the "irreparable damage".The core of the reputation right of a for-profit legal person is business reputation.Infringing on the business reputation directly affects the realization of the business purpose of the legal person and may lead to permanent damage;the damage to the reputation right of a nonprofit legal person is mainly manifested in the loss of public credibility,mostly nonproperty damage,and the damage to public credibility.hard to make up for.Chapter 4 weighs the damages prevented by the injunction and the damages caused,mainly by weighing the interests of both parties and considering the public interests.When weighing the interests of both parties,it is mainly by defining the respondent The illegality of the act and the degree of damage caused,especially considering the social function of the legal person and the characteristics of transparency and openness.When exploring the consideration of public interests,first,the consideration of public interests is necessary in the application of the personality right injunction to the legal person reputation right dispute;secondly,when the application of the personality right injunction to the legal person reputation right involves public interests,the protection of the legal person reputation right Should be more restrained.