Civil ban is a judicial order requesting the parties for some kind of behavior or prohibiting them from a certain behavior.。Although my country currently only has the "Civil Code" and "Anti -Family Violence Law" stipulates the personality rights bans，But the civil ban is in property rights、Intellectual property、Civil rights such as claims and other civil rights have extensive space in the protection of civil rights。Civil ban can be divided into permanent ban and temporary ban。Permanent ban is final、Unparalleled，can only be used as afterwards relief，Established in the final referee through ordinary litigation procedures。Its effectiveness is equivalent to the effective referee，With existing judgment and execution。Temporary ban is a substantial trial and judgment that the court did not conduct a substantial trial and judgment of the party's civil disputes，The current status of the status of legal relations，Provide temporary relief for civil rights。The court issued a temporary ban applied to a special program different from ordinary litigation procedures。This article discusses only the latter。

　bet365 live casino games

Civil ban is similar to the pre -acting behavior in the Civil Procedure Law on the outside，But the system function of behavioral preservation is limited，Can't meet the needs of temporary relief of civil rights。other，The people's court must complete the review within 48 hours of the pre -litigation security application、Make a ruling。This for the right to apply for the personality right、Cases of the pre -prohibition of intellectual property rights，Time is too cramped。If the preservation program is applied as a ban，Not only the effect of damage to the ban system，And suspects that forced Bet365 app download the parties' litigation。So，"Anti -Family Violence Law" separates the applicant's personal safety protection order from litigation procedures。At present, my country's ban procedure legislation is still paying as，The People's Court temporarily compares to the special procedure of civil lawsuits for trial ban。Urgently need to study the principle of construction of civil ban procedures，to meet the needs of legislation and practice。

Civil ban procedures have dual attributes of physical law and procedure method。The ban is a means of realization of civil rights defensive protection rights。The system design and operation of the ban program must follow the logic of the physical method。At the same time，The ban contains compulsory execution content，The law stipulates that the court is the only legal subject for compulsory execution，Therefore, the legal requirements are required to be released and executed by the court's responsibility for the ban。Court review ban application，Determine whether the request made by the applicant meets the conditions and reasons stipulated by the law，A ruling of rejection or issuing a ban，and execution ban, etc.，Both are more active than the trial rights of general civil cases。So，The ban system must include judicial program rules，Need to give play to the role of procedural constraints，To ensure the fairness of the ban。

The ban issued by the court not only has procedural effect，and have the effectiveness of the physical method。The procedure of the ban is manifested as: the ban will take effect immediately，Become the name of enforcement。Non -legitimate program，No one must deny the effectiveness of the ban，Do not require re -trial。The entity method of the ban is manifested as: the right holder obtained the ban issued by the court, which has the weapon of rights and defense，It can be required to require a restricted command announced by the ban on Bet365 lotto review the ban，For example, forbidden to punish specific property; immediately withdraw from specific real estate; stop publicly publicly immediately、Copy、Sales、Communicate specific works; prohibit entering specific areas; etc.。Violation of the ban is a violation of the physical law，The legal liability in the physical law should be assumed。

Civil ban should choose a rough program

The procedure of the ban does not take the solution to the target，Mainly handle those aggressive behaviors and results that have not actually occurred，But the danger of occurrence is imminent，And if the damage occurs, a case that cannot be made up will be unsuitable，Need a court to try quickly，Referees in real time。At the same time，The court must make a judgment on whether the party's application meets the conditions prescribed by the physical law，The issued command will become the basis for enforcement。Ordinary Litigation Procedures、Non -litigation procedures do not meet this requirements，Only the slightly matched program is the most matched。

Summary program is a kind of omitting substantial trial、Quickly make a judgment procedure。If the parties have strong external evidence to prove the above facts，The court does not need to open trial; when the situation is urgent，The court can issue orders without the word debate of the parties。The judgment of facts and rights disputes issued by the court issued by the court，Its legal effect is essentially the restraint and enforcement of procedural laws in physical law，No judgment。

Not all programs that have omitted some procedures are all -procedures。For example，Simple program can omit some program links，However, it is necessary to make a substantial trial and referee on the disputes between the rights and obligations of this case，Therefore, it does not belong to the category of a brief program。Supervisor in the civil lawsuit of the mainland law department、Bet365 app download Certificate Litigation and Bill Litigation are typical athletic procedures。Export (Eviction Proceedings)、Possessory Proceedings，and temporary command procedures in the German family business law，All are rough programs。The temporary ban procedure of British and American countries is also a slight program。

　　Civil ban procedure rules need to be cautious

The ban is a double -edged sword，While providing temporary relief for applicants，It also forms a compulsory restriction on the right of the respondent。Some ban may involve public interests。For the court，The temporary ban must make a decision when the case is fully tried.，Whether to issue a ban to a large extent rely on the judge's free tailoring。

Since each case has its own particularity，It is almost impossible to find a unified judgment standard。Is there any danger that occurred in infringement、Whether the result of the damage cannot make up for facts is usually difficult，Business secrets containing complex technical factors、This is the case in invention patent cases。The court often faces a dilemma when considering whether to support the ban: if you do not give relief in time，The plaintiff may suffer increasing losses; but the judgment before the court may be wrong，The defendant will therefore suffer unparalleled losses。How to minimize the possibility of this error and its loss to the minimum，and under the premise of ensuring the bottom line without breaking the procedure necessary for the physical judgment，Reverse requirements for meeting temporary relief，The focus and difficulty of the design of the procedure rules。You can focus on setting the program rules in the following aspects。

First，Application evidence and certification standards。To ensure the legitimacy of the ban，The application for the ban on the ban has set a higher threshold，Requires the applicant to provide evidence to prove that the application has the condition of the bet365 Play online games physical law。The so -called "proof"，refers to allowing judges to form inner confidence。So，Although the procedure is not a substantial trial of the case，But the applicant is required to provide the judge with the evidence that the judge can pass the form of review，Proved standards reach the height possibility。For example，The U.S. ban procedure requires the applicant to provide the necessity and legitimacy of the necessity and legitimacy of the schedule (A Strong Prima Facie Case)。The so -called "surface evidence" is the obvious external nature of the instructions、Evidence with high proof。This evidence is mainly based on direct evidence，Usually a document、Professional evidence and other judges can make the type of evidence that made judgments directly。

2，Trial method and minimum program guarantee。The method of the court reviewing procedure is mainly based on the application documents and evidence materials for writing。The procedure of the ban is not uniform。Whether to summon the defendant to appear、Organize both parties to be in court words and debate，belongs to the judge's freedom tailoring。The ban program adopts a brief guarantee standard for a slight program，The bottom line requirements are to ensure the legal hearing and trial of the parties，Including the right to be notified、Statement right、Debate right。The respondent has the right to file an objection to whether the applicant's application meets the conditions stipulated by the law。

third，Banning deposit。In the ban procedure of British and American countries，Temporary ban applicants generally need to provide security deposits。3870_3882、Restoration、Balancer action，Make a decision for the court's applicable program to provide legitimacy。Especially in the applicant’s application evidence is not so sufficient，or the situation is urgent to make a decision on the case，The ban margin bet365 live casino games can make the court be relieved to the extent that the defendant may be harmed，Simplified procedures for making decisions。Even if it proves that the ban is wrong after the incident, it is wrong，As long as the defendant's damaged interests can be measured with money，These margins can immediately make the respondent compensation; while the applicant pays the price but gets an advance relief，The interests of the two parties have been protected equally。This allows the "error" of the court to issue a ban to tolerate the judicial system。The amount of margin that the applicant should submit in the specific case belongs to the court's free tailoring items。If the plaintiff is indeed economic difficulties，or the protection of public interests，The court may not require the applicant to pay the insurance。The Supreme People's Court clearly explicitly expressed，The personal protection order of the party does not need to provide guarantee。

fourth，The prohibition is valid。Once the ban is effective，It means to form a certain limit on the rights and freedom of action on the respondent。To control this restriction within a reasonable limit，It is necessary to clarify the valid period of the temporary ban。The term of the ban is not enough to protect civil rights，Excessive length is unfair to the respondent。Temporary ban on American law is different according to the case situation，It can last for several months or even years。In the future, my country's legislation can stipulate the upper limit or statutory extent of a prohibition validity period，Give the judge's free tailoring of the prohibition of the type and specific case of different ban，While meeting the right to protect the rights of the case，Take care of the legal rights and interests of the other party。

Fifth，Rescue Program。Simple program guarantee corresponding to the slight program protection，The threshold for the relief bet365 best casino games process of the ban should not be too high，Can't apply the retrial program like ordinary programs，It is advisable to use the "Objury -Revisibility" program for relief。In the field of intellectual property protection，To prevent malicious lawsuit from abusing the ban system to engage in unfair competition，Persons who should be allowed to be allowed to have objections、The right to apply for revocation of the ban。

　(The author is a professor at Nanjing Normal University、Researcher of the China Institute of Law Modernization, Nanjing Normal University)