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A Legal Analysis Of Weibo 's Infringement Of Reputation

Posted on:2015-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y P AoFull Text:PDF
GTID:2206330461499646Subject:Law
Abstract/Summary:PDF Full Text Request
Micro-blog, namely the blog (Micro Blog) for short, it is a information sharing, communication and access platform based on user relationship. Micro-blog makes the emergence of freedom of speech has been great to play, but the problem micro-blog reputation infringement attendant is even more serious. In view of this, this article through the analysis of typical cases of infringement of right of reputation in two micro-blog and probing into the composition elements, responsibility subject problem of micro-blog reputation tort, claim to micro-blog reputation infringement constitute the subjective principle of liability for fault, for the main micro-blog tort definition is not limited to the micro-blog publisher, should also include micro-blog propagation and micro-blog network service providers. Through the analysis of the USA, Britain, Singapore, Germany and South Korea micro-blog infringement regulation of successful experience, combined with our country present stage micro-blog reputation infringement regulation situation, pointing out that China is currently in micro-blog reputation infringement regulation exists legal norms are lack of special law and special provisions may be applied, the lack of operability and single means of relief wait for a problem, put forward to strengthen regulation micro-blog tort legislation at the same time on the existing legal provisions are clear and detailed, for "the plaintiff residence jurisdiction as the priority, tort jurisdiction as supplement" jurisdiction principle, push the suggestions on perfecting the real name system for micro-blog, establish micro-blog regulators, specialized implementation micro-blog ISP censorship and perfect micro-blog industry self-discipline system etc..
Keywords/Search Tags:Micro-blog, Reputation right, Freedom of speech, Network service providers
PDF Full Text Request
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