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Research On The Problem Of Reputation Infringement In Blog

Posted on:2011-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:W M KongFull Text:PDF
GTID:2166330338488687Subject:Law
Abstract/Summary:PDF Full Text Request
Reputation for civil subject in real life ,is a very important civil right, belonging to a personal right. Traditional reputation is mainly protected by the civil law ,criminal law and other laws. The emergence of blog, on one hand ,has changed the traditional pattern of one dominant media promoting the rights of citizens to exercise freedom of expression; on the other hand, breeding the blog's reputation infringement. Despite the traditional tort laws of regulation apply for this new type of reputation tort , obviously lag behind. It is fully difficult to adjust this new legal relationship. Communication system of network dedicated to honor the law is still not completely infringement, but also difficult to adapt to the needs of rapid development of blog. Some foreign network of industry-developed countries, regulation of this new infringement has accumulated rich experiences, we should learn from them. This article discusses the four main areas, from proposing of the problem on the reputation of infringement, to analyzing and the solving to this issue ,a more comprehensive exposition of this issue for future research to continue in-depth basis.The first part introduces the basics of free speech protection, and the blog form of this medium for the importance of exercising the right to freedom of expression. Second, relevant knowledge of honor and reputation is introduced, elaborating on reputation on should be protected the same reason. Concluded that the right to freedom of expression and reputation these two important rights, in the blog space, conflicts may occur, leading to the occurrence of Reputation, raised the question of this article.The second part introduces the blog ,on the one hand, the characteristics of Reputation, to realize that it's different with the traditional tort reputation helps us take targeted measures, rather than copying the traditional approach of Reputation. To define whether an act constitutes a blog on the reputation of infringement depends on whether the key elements of its composition. Infringement of the four traditional elements of reputation that is still applicable to the reputation of the blog infringement, namely: the victim has damage to reputation is the fact; the perpetrator acts are illegal; illegal and damaging consequences of a causal relationship between behaviors and consequences; subjective fault. How to blog these four aspects of the environment identified a focus of this section.The third part, the blog explained the accountability of Reputation, described from three aspects. First, define the responsibilities of the main. A blog on the reputation of the salient features of tort liability is the main complex and may involve blog author, blog service providers and disseminators of information blog. The case study described the form of their respective responsibilities, the independent liability or joint. Secondly, we discuss the situation in their respective exemption. Although from the formal point of view, reputation acts constitute infringement of human behavior, but because of special circumstances to be exempted from legal responsibility. Finally, discusses the types of civil liability for violations of this honor commitment to form, the basic and traditional tort same reputation, but in specific decisions and the implementation has its own characteristics.The fourth part is the focus of this section. First of all, through several typical state regulation for Internet Reputation Infringement horizontal comparison, summarized in the regulatory aspects of their values. Secondly, against the situation in China, several recommendations about such infringement of the regulations on are proposed Learning from the experience these advanced countries, from the improvement of legislation to establish a reasonable supervisory system, improve self-discipline, strengthen the network of four aspects of moral development, through four in one three-dimensional mode of regulation, to promote this new solution to the problem infringement.
Keywords/Search Tags:Blog, Right of Reputation, Reputation Infringement
PDF Full Text Request
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