The approach to constructing the injunction procedure of personality right——The introduction of non-litigation jurisprudence
Based on the claim of personality right in substantive law,the injunction of personality right is a rapid realization mechanism of preventive responsibility,which implies the pursuit of realizing and restoring the right,and does not require the litigant to bring a lawsuit.Therefore,the current preservation procedure cannot be applied to the prohibition procedure of personality rights.In order to realize the effectiveness of the injunction of personality right to stop the nuisance in time and maintain the value of procedural justice,it is a better choice to fill the new mode of non-litigation jurisprudence with the basic context of ordinary litigation procedure.It proposes to standardize the degree and scope of intervention in the investigation of evidence,standards of proof,and trial methods,such as power exploration and free proof,improve litigation efficiency and achieve substantive fairness by rationalizing the judge's discretion space.
personality rights injunction procedurenon-litigation jurisprudencediscretionsocial public interest
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