Addition of an Independent Injunction Procedure to the Codification of the Code of Civil Procedure
DOI:
https://doi.org/10.54097/msxt1324Keywords:
Codification of the Code of Civil Procedure, Independent Injunction Procedure, Preventive Legal Regime, Personality Rights InjunctionAbstract
This paper discusses the establishment of an independent injunction procedure in the codification of civil procedure law. Civil procedure law is an important guarantee for the effective implementation of the substantive law civil code, so the codification of civil procedure law is an important way to build a legal system, promote the rule of law in civil procedure, and improve the level of the rule of law. However, in response to the infringement of personality rights, the civil code provides for a system of preventive claims, the traditional civil procedure cannot effectively meet the needs of personality rights protection, and behavioral preservation procedures cannot meet the urgent need for right holders to immediately stop the infringement, to restore the rights of the original state of the demand for the establishment of an independent injunction procedure to deal with. Constructing an independent injunction procedure, should be based on the principle of procedural proportionality and the generalized procedural theory, combined with the views of the academic community and practical experience, to ensure that the injunction procedure is fast and effective.
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