The act preservation cannot be taken as the procedural path of the prohibition system of personality rights.The injunction procedure of personality rights is independent and has the dual attributes of substantive law and procedural law;its function is not to serve the execution of judgments,but to maintain the status quo of personality rights.The injunction procedure of personality rights is different,and the material personality rights has the highest rank,so it should be protected in an inclined way;the right rank of spiritual personality rights is low,and it is easy to conflict with other interests,so it should be restricted and protected.The construction of differentiated independent procedure of personality rights should be carried out from the aspects of review elements,proof standards,and trial modes,etc.
关键词
人格权禁令/禁令程序/人格权保护
Key words
personality rights prohibition/injunction procedure/protection of personality rights
维普
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