The Application of Injunctions against Infringements of Personality Rights

Abstract

On the basis of sorting out the concept, attributes, and legislative development of the injunction regime against infringements of personality rights, this paper analyzes the practical difficulties in the operation of the regime in light of existing research results and the current state of judicial application. These are mainly manifested in the fact that the applicable conditions are not sufficiently clear, the standards of proof lack uniformity, the criteria for determining urgency are vague, the assessment of “irreparable harm” lacks specific guidance, and the rules on the duration and rescission of injunctions as legal effects remain inadequate. In the future, differentiated application rules should be established around the types of infringements of personality rights, the stages of infringement, and the degree of risk; the standards of proof, the determination of urgency, and the methods for assessing “irreparable harm” should be further refined. At the same time, the rules on the duration and rescission of injunctions should be improved, and the circumstances for rescission upon application and rescission by the court ex officio should be clarified, so as to enhance the operability and stability of the regime. Through the further improvement of the relevant rules, the injunction regime against infringements of personality rights will be better able to realize its function of preventive relief.