Research On Judicial Application Of The Injunction Of Personality Rights

The right of personality is an inherent and lifelong right of civil subjects,and its object is the inherent ethical value of human beings.With the trend of diversification and complexity of infringement of personality rights and the increase of public demand for protection of personality rights,in order to further strengthen the protection of personality rights and make up for the shortcomings of the protection of personality rights,the Civil Code of China has added a new system design of the injunction of personality rights,whose main function is to prevent the occurrence of damage and provide after-action relief.The establishment of this system can help the applicant to stop the infringement being committed or about to be committed in time before the prosecution or during the litigation process,so that the personality rights can be maintained or restored to a perfect state.As a new system design,the personal rights injunction is similar in function to the existing systems stipulated in China’s laws(such as behavior preservation,writ of habeas corpus,etc.),but based on the specificity of the injunction of personality rights,its specific judicial application conditions and judicial application procedures cannot be rigidly applied in comparison with the similar systems mentioned above.Therefore,from a systematic perspective,this article analyzes the legal theory and proposes feasible measures and indicates the direction of development for the improvement of the judicial application of the injunction of personality rights.This paper firstly starts from the basic theory of personality rights prohibition,analyzes the concept and origin of personality rights prohibition,digs deep into the legislative purpose of personality injunction and its functions,and after thinking deeply about the debate on the nature of personality injunction,comes to the conclusion that personality rights prohibition has both substantive and procedural nature,then discriminates between personality rights prohibition and similar systems,and finds out the judicial application experience that can be learned from them;secondly,finds out the judicial practice cases of personality rights prohibition in recent years,and analyzes the problems of unclear legal provisions and unified judicial application of personality rights prohibition;again,in view of the ambiguous provisions of substantive law on personality rights prohibition,the problems of unclear legal provisions and unified judicial application of personality rights prohibition are identified.Secondly,the judicial practice cases of personality rights prohibition in recent years are analyzed,and the problems of unclear legal provisions and inconsistent judicial application of personality rights prohibition in the judicial application process are identified.Finally,the procedure of judicial application of personality rights injunction is conceived,and the comparison is clear that personality rights injunction should be applied to both litigation and non-litigation procedures,based on which the procedure is designed from the application,trial review,implementation and relief of personality rights prohibition,in order to provide some suggestions for better application of personality rights prohibition in judicial practice.