The injunction against infringement of personality rights shows the value system innovation of China's paradigm personality rights protection system transitioning from a relief model to a preventive model.However,at present,the rules of adjudication validity of the system still lack of structurally theoretical explanation,which in turn leads to inconsistent adjudication standards,and urgently needs the attention of legal scholars.In this regard,observing the court's ruling on the injunction against infringement of personality rights through the theoretical framework of the effect of civil judgments,it can be found that the court does not substantively and finally resolve the relationship between rightsand obligations,and the parties cannot obtain sufficient protection from the procedure,so the res judicata and contentious effect lose the conditional basis for their establishment.However,as a fact confirmed by a judgment that has taken legal effect by the people's court,giving the"weak binding force"effect to the injunction against personality rights infringement's pre-determinated force can maintain the stability of the injunction to the greatest extent and improve the efficiency of subsequent litigation.On this basis,in order to avoid the crisis of legitimacy faced by the procedure itself,full consideration should be given to providing a minimum procedural protection for the parties.
关键词
人格权侵害禁令/既判力/争点效/预决力/程序保障
Key words
the injunction against infringement of personality rights/res judicata/force of disputed issues/pre-determinated force/procedural protection
维普
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