Differentiated application of the injunction system of personal rights from the perspective of dynamic systems theory
Judicial practice and existing research point out that the personality right injunction system should be applied differently,but how to apply it differently is still unclear.In order to clarify the differentiated judgment approach,the personality right injunction system should choose the judgment method of the dynamic system theory,reasonably summarize the type basis of differentiated application,and construct the differentiated application path through the dynamic system theory.That is,the injunction system of personality right should distinguish the different factors of material personality right and spiritual personality right,concrete personality right and general personality right,and property personality right and non-property personality right.The study aims to enable the judges to form a more stable way of judgment,promote the judges'case and judgment,and improve the judicial credibility.
injunction of personality rightsdynamic systems theoryrank of rightsdifferential applicationpersonal rights protection