The Study Of The Public Scrutiny And The Government Official's Right Of Reputation

The Public Scrutiny is refer to public criticism to right abuses of governmental agency or the public authority by the citizen and the media. Recent years people realized the lack of surveillance and restriction surely caused corruption. People hoped to restrain corrupt multiplying and urge the public authority keeping on correct line through the Public Scrutiny. However the various value orientations between the public opinion and the government officials which supervised causes clash in the certain scope.At the beginning, the article limited the concepts of Public Opinion, the Public Scrutiny and the hosts of Public Supervision. The great majority of chapter one proved the government official enjoy the right of reputation protection in the civil law.Second chapter specifically analyzed the present reputation legal system of our country, and the judicature practices about right conflict between supervision and the government official rights of reputation. Second chapter pointed out that current superficial equal protection causes imbalance in the substantive protection, as a result ,it seriously hindered the function of public supervision.Chapter three proved the rationality of preferential protecting public supervision and restraining government official reputation right from socialist democratic theories of people, power restrain theory , freedom of speech theory.Chapter four designed rules in order to realize the real equilibrium between public supervision and government official reputation right under the guidance of preceding theories. According to the main trend of reputation right legal system development all over the world, this article proposed making the law of public supervision of our country ,and put forward some relevant concrete suggestions finally.