Theoretical Discussion For The Conflict Between The Supervision Of Public Opinion And The Right Of Reputation

The supervision of public opinion , which is an important constituent of socialist surveillance democracy system, is the behavior or the right for either the public or the media to use the mass media dissemination method of supervising the society . The right of reputation ,which is oone of legal protection concrete personality power , is acquisition which the civil legal main body enjoys legally carries on the objective fair appraisal with the maintenance to its reputation . Both the supervision and the right of reputation are products of modern society , which are the important symbols of social civilization .Both of them are consistent,which are essential important rights which establish the social democracy , the government by law and maintain modern society stable and harmony .The article has carried on the discussion on the related question about two rights' conflict ,by connecting the judicial practice.Chapter One concerns the supervision of public opinion the correlation theories question, including: concept and two essential factors which involve main body, object; rationale, namely people's sovereignty theory, authority restriction theory, expression free theory; Constitution origin, namely freedom of speech power, freedom of the press power, criticism suggestion power; The value function, namely the surveillance and the restriction public authority, the maintenance and the perfect democratic politics,the perfect human nature and promote the individual value.Chapter Two first on the right of reputation concept and the legal protection, the supervision of public opinion and the right of reputation conflict performance and the reason has made the theoretical analysis.Then introduced from the comparison test angle of view the Western Public Slander Theory, and proposed at the news reputation right infringement domain discrimination general reputation right infringement case and the supervision of public opinion violation right of reputation case, regarding the latter may consider the model the Public Slander Theory, establishes the new trying rule under the constitution idea instruction, protects the supervision of public opinion fully.Chapter Three elaborated the different kinds of right conflict by the means of case analysis , namely the public official the right of reputation case, the State agency right of reputation case, the public figures the right of reputation case, others involve the public question right of reputation case. Chapter Four, the author has conducted the thorough research on the supervision of public opinion violation right of reputation case trying rule from the constitution important document and the certificate responsibility two aspects, by connecting the judicial practice. The author hoped to provide the reference to the legislation and the judicial interpretation consummation.