Theoretical Evidence and Rules of the Application of the Injunction for Personality Rights in Cyber Violence Cases
DOI:
https://doi.org/10.54097/b76v4260Keywords:
Cyber Violence Governance, Injunction for Personality Rights, Personality Rights InfringementAbstract
Cyber violence in the digital age features mass, concealment and diversity, which not only causes serious infringement on the personal and property safety of victims, but also brings new challenges to the existing network management order. The existing cyber violence governance mainly relies on the governance paths of individualism, organizationalism and nationalism. However, it is difficult to fully resolve the multiple risks triggered by cyber violence. The core function of the injunction system for personality rights established in the Civil Code is to provide a convenient and efficient protection mechanism for personality rights, and to build a protection mechanism for cyber violence governance that closely combines prevention in advance with timely infringement suppression, which to some extent makes up for the shortcomings of the traditional governance model with post-event relief as its essence. In terms of specific application, it is necessary to clarify the specific conditions and applicable procedures for embedding the injunction for personality rights into cyber violence governance. Meanwhile, it is of significance to distinguish between the application of injunction for personality rights and the safe harbor privacy principle, and improve the specific rules of blockchain electronic certificate deposit technology and platform responsibility, so as to provide technical support and platform connection for the embedding of injunction for personality rights into cyber violence governance.
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[1] Liu, Y. H. (2022). Strengthen research on the realization of cyber violence governance and creation of a positive and healthy cyber ecology. Legal Daily, (5).
[2] Tian, S. B. & Liu, J. (2020). Identification and regulation of cyber violence from perspective of social governance. Journal of South Central Minzu University (Humanities and Social Science Edition), 40(03), 168-173.
[3] Wang, J. G. (2024). Cyber remedies for cyber violence infringement: Dilemmas and paths. Journal of Henan Polytechnic University (Social Science Edition), 25(01), 7-13.
[4] Shi, J. Y. (2023). Responsibility of the platform in the cyberviolence governance. Legal Science (Journal of Northwest University of Political Science and Law), 41(06), 14-23.
[5] Cai, W. Z. (2011). Network communication revolution: Power and regulation. Shanghai: Shanghai People’s Publishing House, 20-21.
[6] Li, H. J. et al. (2017). Research on the development network violence: Intension and type, status characteristics and governance measures—An analysis based on the cases of network violence during 2012-2016. Journal of Intelligence, 36(09), 139-145.
[7] Jing, L. J. & Hu, J. (2021). The perfect path of legal regulation of cyber violence. Journal of People’s Public Security University of China (Social Science Edition), 37(05), 142-149.
[8] Shi, J. H. & Huang, Y. R. (2020). An analysis of the dilemma of criminal regulations on cyber violence and its solutions. Journal of Anhui University (Philosophy and Social Science Edition), 44(04): 78-89.
[9] Wu, D. Z. (2024). Cyber violence and moral constitutionalism: An analysis based on system theory. Politic Science and Law, (05), 63-80.
[10] Yin, J. G. (2015). On the government management mechanism of Internet information. China Legal Science, (01), 134-151.
[11] Jiang, W. & Xiao, J. G. (2018). Civil procedure law. Beijing: China Renmin University Press, 56-66.
[12] Liu, X. Z. & Zhao, B. B. (2022). Prohibition of personality right infringement: Legislative background, orientation and procedure construction. Social Sciences in Guangxi, (03), 105-112.
[13] Wu, Y. Z. (2021). Study on the procedure of personality rights and injunction. Legal Science (Journal of Northwest University of Political Science and Law), 39(02), 133-144.
[14] Zhu, X. F. (2022). On the normative application of the injunction for the protection of personality right in the Civil Code. Journal of China University of Political Science and Law, (03), 145-157.
[15] Liu, Y. H. (2022). Idea, logic and path: A study on the rule of law governance of cyber violence. Jiang-Huai Tribune, (06), 21-30+2.
[16] Wang, L. M. (2019). On preliminary injunction for infringing on personality rights. Law and Economy, (04), 3-15.
[17] Cheng, X. (2021). On the injunction in personality rights protection in Civil Code of China. Journal of Comparative Law, (03), 138-151.
[18] Dai, S. C. (2023). Litigation commentary on Article 997 of the Civil Code (Injunctive relief for personality rights infringement). Social Science in Yunnan, (01), 131-143.
[19] Xie, D. K. (2023). The public and private collaborative governance model of cyber violent crime. Legal Science (Journal of Northwest University of Political Science and Law), 41(05), 92-101.
[20] Zheng, Y. M. & Chen, D. S. (2022). On the application of the injunction for the protection of personality rights in using information network to infringe personaal rights and interests. Journal of University of South China (Social Science Edition), 23(03), 97-105.
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