Research On The Procedural Rules Of The Prohibition Of Personality Right

As a right born of human beings,personality rights involve life,body,privacy,etc.,which are related to whether the subject of the person can survive and maintain a dignified life.Violations involving personality rights are irreversible,such as loss of life,physical damage,disclosure of privacy,etc.In this context,Article 997 of China’s Civil Code stipulates the prohibition of personality rights,which was originally established to protect the personality rights of civil subjects in a timely and efficient manner.With the development of information technology,the Internet as a platform for information exchange and sharing,the convenience of communication and the unlimited audience have multiplied the damage caused by personality infringement,and the damage caused is more difficult to make up than ordinary offline infringement,and the post-event compensatory relief cannot meet the protection of personality rights.Based on the basic theory of personality rights prohibitions,this paper analyzes the establishment process,function,nature and legal characteristics of personality rights prohibitions,and clarifies that personality rights prohibitions are substantive law prohibitions.Then,the operation practice of the personality rights prohibition procedure is analyzed,and it is found that there are inconsistencies in the application procedures in the operation process,which is reflected in the fact that the existing personality rights prohibition procedures are mostly "compared" and "referenced" to the procedures for preservation of behavior or personal safety protection orders,and the courts review the requirements and the required standards of proof when handling personality rights ban cases,and the main reason for this problem is the lack of procedural rules to undertake.Drawing on the useful experience of the procedural rules of relevant extraterritorial systems,the concept of procedural rules involving application,examination,legal effect,enforcement and relief is carried out through non-litigation procedures,which is specifically manifested in the fact that the court mainly examines the three elements of the infringement being or is about to be implemented,the actual urgency,and the weighing of interests,and the ruling made only has formal certainty and not res judicata power,etc.In order to provide a useful reference for the better implementation of the personality rights prohibition procedure.