Research On The Judicial Application Of The Injunction For The Protection Of Personality Rights

Personality rights,which are based on personal freedom and personal dignity,is the inherent personal rights of civil subjects.The protection of personality rights should focus on prevention in advance and timely relief after the damage occurs.In the new era of frequent network infringements,Article 997 of the Civil Code establishes the injunction for the protection of personality rights,which provides a unique remedy to prevent infringement of personality rights,but fails to make detailed and clear provisions on it.The purpose of this article is to put forward suggestions and judicial application rules for the injunction for the protection of personality rights through the analysis of judicial application problems and in reference to overseas countries’ judicial experience on the injunction.This paper mainly consists of four parts: the first part concludes the judicial practice of the injunction and summarizes the existing problems of the injunctions in judicial application.The second part clarifies the legal attributes of the injunction,and clarifies the similarities and differences between the injunction and similar remedies,so as to highlight the unique functional value of the injunction.The third part makes a thorough study on the “traditional four-factors test” standard,which is overseas countries’ judicial experience on the injunction.The principle of dynamic balance provides important reference value for the judicial application of the injunction in our country.At last,this paper puts forward suggestions on improving the judicial application of the injunctions.