Current，The provisions of my country's personality rights ban system are mainly the "Civil Code" Article 997，Lack of Corresponding Provisions of the Civil Procedure Law，Differences in the understanding of the right to issuance of personality rights in practice。Personal rights ban on personality rights infringement litigation，Some judges issued a litigation procedure (such as the People's Court of Yongding District, Zhangjiajie City, Hunan Province (2022) Hunan 0802 Minchu 264 Civil Judgment)，Some judges confuse them with infringement (such as the People's Court of Miyun District, Beijing (2021) Beijing 0118 Minchu 9110 Civil Judgment)，Some judges issued non -litigation procedures (such as the Xi'an People's Court of Mudanjiang City, Heilongjiang Province (2022) Black 1005 Civil Insurance Order 1 Civil Ruling 1)。Facing this program，This article is based on the typical case of "Dong Mou's Conditions on the Internet Infringement Responsibility Disputes" released by the Beijing Internet Court in 2023 as an example.。

[Introduction to Case] ​​The defendant Xiao Mou has lived more than 40 times in the past year，Post a large number of videos for the plaintiff Dong，Among them, contain a lot of insulting sexual words。Dong has repeatedly notified the online service platform to delete the live broadcast content。After trial，Xiao did not follow the court reminder，Still publish infringement speech in the form of regular live broadcasts per night。Dong Mou submitted to the court to apply for personality rights ban。The court thinks，The live broadcast video involved in the case is high，If it is not stopped in time，Bet365 app download It will greatly increase Dong's rights protection burden，The scope of the infringement impact、The possibility of the consequences of damage is more likely。So，Ruling immediately stopped publishing the content of Dong's reputation right in the account involved。

[Case Evaluation] In the personality right infringement lawsuit，This case was banned by the infringer to the people's court's application personality rights，That is the personality right ban in the lawsuit。This is not only related to the person's right to issue procedures for the issuance of the procedure and the lawsuit that has been carried out，Also related to Article 997 of the Civil Code should be understood as a physical rule or a program rule。This article thinks，Analysis of Article 997 of the Civil Code can be known，Personal rights ban in the lawsuit shall be issued in non -proceedings。

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According to the relevant provisions of Article 997 of the Civil Code，Two physical conditions issued by the Personal Right Banning Order are "illegal acts in which the perpetrators are implementing or will soon infringe the personality rights of civil subjects" and "failure to stop stopped in time that will cause the legitimate rights and interests of civil subjects to be difficult to make up"，The program condition is "civil subject has evidence to prove physical conditions"。

From the perspective of constituent elements，The physical conditions issued by the personality right ban can be understood as the specific state of the requirements of personality right to infringement。Where，"Illegal acts that infringe on civil subject's personality rights" that is infringement，"The legitimate rights and interests of the civil subject are damaged by difficult to make up" that is the result of damage，"Not stopped in time" indicates the cause and effect of infringement and damage，The infringement behavior is characterized bet365 Play online games into "illegal acts" and hidden subjective error elements that intentionally or major faults。From the perspective of legal effects，The court issued a person's right to issue personality rights to order to stop infringement of human rights，This is the same as the content of "stop infringement" in civil liability in personality infringement。

other，"Civil Code" Article 997 cannot be explained as a person's right to request right。There are two main reasons: First, the right to request the right to personality belongs to the defense or protective request right of personality right，Not by the essence of personality rights is infringed as conditions，The "Personal Right Prohibition System" determined by Article 997 of the Civil Code is based on the premise。Second, the right content of the right to request the right to personality is to exclude hindrance，Do not consider the subjective state of the obstacle and the obstacles，The issuance of the person's right to bans must be based on the "illegal act" of subjective fault in the existence of the actor。

Specific to this case，Dong Mou's application of personality rights ban, payment content，The same request as a litigation request from stopping infringement。The issuance of the issuance of the person's right to issue a physical condition，The same elements of the constituent component of the right to infringement of personality rights。So，The physical condition issued by whether it meets the person's right to meet the person's rights bans，The court does not open a separate litigation or non -litigation procedure，Instead, it responds to the above two requests with whether it constitutes an infringement.。

　　The issuance procedure of the personality right ban

Civil Provenance Law Theory of disputes on the issuance of personality rights ban has litigation procedures、Non -litigation procedures、Behavioral Bet365 lotto review preservation said、Summary program said、The procedure of the ban, etc.。The first three views is to understand Article 997 of the Civil Code as a public forces for infringing human power，That is a procedural rule。On the contrary，The latter two perspectives advocate the construction of a new type of procedure that is different from the procedural lawsuit，It is the 997th of the Civil Code as a pure physical rule。This article thinks，Article 997 of the Civil Code should be identified as a programmatic rule，Otherwise, it constitutes the repetition of the rules of personality infringement。Specific to its belonging to litigation procedures、Non -litigation procedures or behavioral preservation，If you need to discuss it according to the specific circumstances。

In the physical law，Personal rights infringement will generate the right to stop infringement，Both the victims can claim to the infringer，You can also carry out public forces by the court。In a personality right infringement lawsuit，Stopping the right of requests can be realized through behavioral preservation，can also be implemented in the final civil judgment。Below，The issuance of the personality bans is not based on the premise of constituting personality infringement。There are two situations in the issuance of the issuance of personality rights，First, "The actor is implementing an illegal act that infringes the personality rights of civil subjects"，Second, "The actor is about to implement an illegal act that infringes the personality rights of civil subjects"。Of course, the first case is the same as the right to violate the request of infringement in the physical law，The second case is just to stop the right to infringe the right to request the right to request，It has certain preventive and temporary characteristics。

essentially，Any program rules are to handle physical matters，Different types of entity matters determine bet365 best casino games the nature of its corresponding civil program。So，The nature of the personality bans in different circumstances is also different。In the first case，Personal rights ban are similar to the lawsuit of personality rights infringement litigation，It is also similar to the behavioral preservation ruling attached to the personality rights infringement litigation。In the second case，Personal rights ban are only similar to the behavior of the preservation of the behavior attached to the personality right infringement litigation。At this time, the infringement did not actually happen，Not yet constituted an independent civil legal relationship，It is impossible to file a related infringement litigation，It's just the preventiveness of personality relief，Relief for the right to violate the right to personality through the personality rights ban。

In other words，When the personality rights ban are equivalent to the judgment of personality rights infringement litigation，Its issuance procedure is a procedural procedure; when the personality rights ban are equivalent to behavioral preservation ruling，Its procedure is a non -litigation procedure。There is a essential difference between the two，The former is a civil payment judgment based on the confrontation trial procedures involved in the parties to the parties.，The content of the payment is the invading person's inaction，It has the characteristics of the finality and stability。The latter is based on the non -confrontational unilateral program participated by the applicant alone.、An temporary relief ruling with only execution。

Specific to this case，Although the court issued a personality right ban，But it does not explain its program nature。To explore this problem，It must be clear that the personality rights of the personality right at this time are equivalent to the judgment of the personality right infringement litigation，Or is equivalent to behavioral preservation ruling。

　　Procedural nature of the issuance of a personality right in the lawsuit

When a personality rights infringement lawsuit occurs，The appeal of the victim is often the state of restoring personality rights，or request compensation for losses、Apologies, etc.。If the infringement litigation is in progress，Actions that infringe on human rights continue in the lawsuit，Before the implementation of the Civil Code，Victims can only apply for behavior preservation in the lawsuit。After the implementation of the Civil Code，The parties have two choices，or choose to apply for behavior preservation in the lawsuit，or choose to prohibit the court's application personality in the lawsuit。

This kind of personality bans can only be issued by non -litigation procedures。The reason is，When a personality right infringement litigation is in the state，If the litigation procedure is adopted, the personality rights ban，The issuance procedure and personality rights infringement litigation belongs to the two simultaneous proceedings caused by the facts of the same case -this will produce a paradox of "litigation in the lawsuit"，It will also cause the program waste。Even if the parties apply for personality rights and personality infringement lawsuits in the two courts，When the court actively discovered or proposed the respondent in accordance with its powers，Two litigation procedures should be forced to merge。

Specific to this case，Although the judge did not explain the procedure nature issued by the person's right to ban，But its approach is essentially absorbing procedures for issuing personality rights in the proceedings.。So，This personality rights ban are issued by non -litigation procedures，Because only non -litigation procedures can be absorbed by the ongoing personality rights infringement litigation。

　　(The author is Secretary -General of the International Intellectual Property Research Center of Xihua University)