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Academic Journal of Management and Social Sciences
Article . 2024 . Peer-reviewed
License: CC BY NC
Data sources: Crossref
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Addition of an Independent Injunction Procedure to the Codification of the Code of Civil Procedure

Authors: Zunbiao Ma;

Addition of an Independent Injunction Procedure to the Codification of the Code of Civil Procedure

Abstract

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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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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