A Study On The Legal Issues Of The Recognition Of Reputation And Liability Of Microblogging

As early as in 2012, China has the most micro-blog users than any other nation. In recent years, the development of micro-blog has been ascendant, at the same time,micro-blog reputation infringement phenomenon is always continuous. However,the confirmation on the micro-blog reputation tort liability is still very preliminary.The first chapter raises corresponding legal thinking through the typical cases of micro-blog defamation, pointing out the prominent problems about micro-blog reputation tort liability. The second chapter can be divided into three parts. The first part is the main responsibility, discusses the legal and theoretical reasons that publishers, reprinters and commentators become the tort subjects. The second part is the responsibility of construction, discusses problems from the tort behaviors, damage facts, causality and subjective faults and focuses on the cognizance of subjective faults. The last part is the responsibility form, mainly includes stopping the infringement, restoring reputation, eliminating the effect, making an apology, giving compensation for losses, among which the two controversy forms of liability, making an apology and giving compensation are the main statements. The third chapter, summarizes the micro-blog reputation infringement exemptions, the first is the real content, the second is the appropriate supervision and criticism to the public(public figures and public legal people), and finally the other exemptions, including the legitimate exercise of rights, faults of third person, perform their duties in accordance with law, reasonable reference, the consent of victims etc.. The fourth chapter, from the legislative, judicial and the practice part, puts forward related suggestions in micro-blog reputation infringement responsibility, hoping to clarify the vague problems of micro-blog reputation infringement responsibility cognizance.