Research On Protective Issues Of Criminal Law On The Right Of Reputation Of Natural Person

The reputation is different from the right of reputation. There are differences among the right of reputation, the right of fame, the personal dignity, and the right of privacy. The corresponding stipulations have been made both in the Anglo-American legal system and the continental legal system. The same point lies in that the right of reputation is protected by the civil tort law and the criminal law. And both of them decide the different scopes of protection with the seriousness of behaviors. When they investigate the corresponding responsibility, they usually set up the anti-actually matters (relief matters). The differences are as followings. Firstly, the legislators of the Anglo-American legal system divide the behavior of damage to the reputation into the oral slander and the written slander whereas its counterpart in continental legal system divides it into insult and defamation. Secondly, the legislators of the Anglo-American legal system protect the right mainly by the civil compensation's way whereas its counterpart protects the right mainly by criminal sanctions supplementedly by civil compensation. The protective way in Chinese criminal law is similar to stipulations of the Continental legal system, but the relevant provisions in Chinese criminal law are very general. For example, the definition of"Fabricated facts"is not clear and no distinction between public figures and non-public figures and so on. In addition, there are also some problems in provisions of the subjective and the objective standards of criminal law. These legislative issues have limited the freedom of speech and all of these should be improved and perfected.