离婚妇女适用人格权侵害禁令保护初探

Preliminary Study on the Protection of the Prohibition agaist Infringement of Personality Rights for Divorced Women

《民法典》新增的人格权侵害禁令制度在保护离婚妇女人格权方面具有突破性进步。作为防范实体侵权的防御性手段,人格权侵害禁令以及时救济为目标追求,为离婚妇女防范前夫骚扰、侵害提供了新的法律手段,但人格权侵害禁令的适用仍存在危险性评估机构缺位、申请执行一体化机制缺失、规范统一的禁令裁定标准缺乏等问题。为实现人格权侵害禁令对受侵扰离婚妇女的保护功能落实落地,应尽快建立人格权侵害行为危险性评估制度,构建多部门协同的一站式禁令申请执行机制,并通过司法解释细化人格权禁令的适用规则。

The new prohibition system of infringement of personality right in the Civil Code has made a breakthrough in protecting the personality right of divorced women.As a defensive means to prevent entity infringement,the ban on infringement of personality rights is aimed at timely relief,which provides a new legal means for divorced women to prevent harassment and infringement by their ex-husbands.However,there are still some problems in the application of the ban on infringement of personality rights,such as lack of risk assessment institutions,lack of integration mechanism for application and implementation,and lack of standardized and unified ban ruling standards.In order to realize the protective function of personality right infringement ban on harassed divorced women,it is necessary to establish a risk assessment system of personality right infringement behavior as soon as possible,build a one-stop ban application and enforcement mechanism with multi-department cooperation,and refine the applicable rules of personality right ban through judicial interpretation.