Analysis Of Reputation Infringement In Cyberspace

Nowadays the former mysterious computers have come into the every walk of life and come into the homes of millions of common people. Application of computer network has been an unprecedented socialization trend; we are facing a yearning information age. The popularization of computer and network not only changes the life style of people, but also challenges the existed legal theories and interpersonal relationship in law. The widespread reputation infringement in cyberspace is a good example. Reputation right is an important personality right of the subject in civil law. In the real world the legal system of reputation right protection is comparatively sound and people have a stronger consciousness of protection. But in cyberspace, the so-called world of free speech, it is controversial that whether the net subject, especially the virtual subject, has the reputation right or not. As a special way of reputation infringement, the reputation infringement in cyberspace has its own traits. Through the analysis, it is easy to further understand and effectively control the reputation infringement in cyberspace.This thesis discusses the reputation infringement in cyberspace by four chapters: Chapter 1 briefly introduces the basic theories of reputation right and cyberspace reputation right, analyzes the traits and main way of the reputation right of virtual subject and the reputation infringement in cyberspace, and prepares for the following analysis of reputation infringement in cyberspace. Chapter 2 discusses the fundamental issues of reputation infringement in cyberspace. Weshould enjoy full freedom of speech on net, but no freedom is absolute. How to guarantee the right of free speech and meanwhile the reputation right in cyberspace is one of the issues discussed in this chapter. The second is analysis of the cognizance and plea of the civil responsibility of reputation infringement in cyberspace.Chapter 3 and 4 are the key parts of the thesis. Chapter 3 discusses the problems of reputation right in cyberspace from the perspective of legal protection. Compared with lawsuits of general reputation infringement, reputation infringement in cyberspace has more problems due to its particularity. And the main problems are qualificatory determination of accuser and defendant, collection of electronic evidence and determination of judicatory venue; the author brings forward some solutions to the difficulties.Chapter 4 firstly introduces practical protection of the reputation right in cyberspace in Germany, US and so on, and summarizes the legal provisions in various countries, lastly offers proposals for the protection of the reputation right in cyberspace with the current situation of China's legislation. This thesis aims to analyses cyberspace reputation infringement from the view of law of infringement act. It makes us understand the problems of systematically in order to improve the sense of our cyberspace reputation and protect ourselves'cyberspace reputation right by lawful weapons .Meanwhile, it also reminds us do not infringe others'cyberspace reputation right .