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Discussion About Tolerance Obligation Of Public Figures

Posted on:2010-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q CaiFull Text:PDF
GTID:2166360275981779Subject:Law
Abstract/Summary:PDF Full Text Request
Tolerance obligations means obligee can oppose or object based on the fundamental rights. However, he have obligations does not raise an objection or obligationsunder specific circumstances. In China, Tolerance obligations have adjacent tolerance obligations, pollution tolerance obligations, as well as the public figures tolerance obligations. Obligations of public figures tolerance refers to the news media in reporting on public figures and public events relating to, the public figures of the report may be the reputation of privacy caused minor damage should be tolerated. As a public figure in a certain range or time period, was well known or where the community have an important impact on the field, from different angles, can be divided into different. The most important division is whether the parties have become known to others or social point of view of subjective motivation, It is divided into voluntary and involuntary public figures and public figures.Public figures bear tolerance obligations has its theoretical causes, It is the demand of the right balance and protecting the public interest and public interest. The rights of public figures in the conflict, mainly reflected in the privacy of public figures conflict with the public right to know, honor the right of public opinion and the conflict between press. The principle of public interest requirements of the reputation of public figures, privacy protection should uphold the principle of "public affairs" of the standards, and public affairs related to a private matter into the public domain, it can not be subject to privacy protection. The principle of public interest requirements of the public interest based on reasonable public figures may be appropriate to limit the right to privacy.Tolerance obligations of public figures limit is applicable, At its borders to be followed to determine the principles and the interests of actual malice to measure the principle .The principle of actual malice in favor of the judges in the judicial practice of tolerance to determine the obligations of public figures, Measuring principle and the benefits to the conflict in favor of the interests of judges to determine the severity of the offenses and to weigh the trade-offs. In particular, government officials, entertainment stars, sports stars and public figures of non-voluntary obligations tolerance range, because of their identity and the subjective motives of the different scope of its obligation to tolerate different. Public figures assume the obligation of tolerance ,at the same time, their rights should be protected also. Tolerance for public figures to assume obligations and protect the rights of coordinated according to the principle of the principle of safeguarding the public interest and public interest in the principle of co-ordination.Embodied in the legislation is to clear the obligations of public figures specific limits of tolerance, tolerance of public figures to determine the specific scope of obligations in the relevant law to determine the concept of public figures and public figures of the obligations of the system of tolerance.
Keywords/Search Tags:Tolerance obligations, Public figures, Interest measure
PDF Full Text Request
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