| Micro-blogging as a trendy platform, it has become a symbol of freedom in the network when it is birth.It is for people to freedom of speech and the birth. Indeed in micro-blogging, people’s freedom of speech has been great to play, however, at the same time there have been many violations micro-blogging. Due to various reasons, the phenomenon of micro-Bo abusive, defamatory countless others. Micro-blogging successive violations occur. And just a platform for the exchange itself, it does not special rights and obligations, it cannot restrict itself micro-blogging infringement, which requires the State to regulate tort law. Freedom of speech does not mean completely free, micro-blogging is open to the public from the media, if not controlled micro-blogging infringement infringer will then acts recklessly. Therefore, the micro-blogging reputation infringement as a legal adjustment object is developed in this information age, the proper meaning of micro-blogging boom.In view of this, to strengthen the legal issues micro-blogging defamation research is imminent, micro-blogging defamation doubt has become a hot issue and the legal community of the urgent need to solve the problem. Although micro-blogging environment in which the Internet is a virtual space, but it does not mean it has no boundaries of the law. This article will introduce beginning on micro-blogging divided into five parts, layers start.Micro-blogging, with the obvious features from the media network platform, the number of users from the beginning of rapid growth in 2012, to date, almost everyone has their own micro-blogging registered. At the same time every day for the amount of information people micro-blogging offer is enormous impact it brings is unexpected. Information distortion, blindly follow the phenomenon, the breeding ground for numerous violations of the phenomenon of defamation. Therefore, this article first chapter from the micro-blogging start, introduces the origin and development of micro-blogging and the status of micro-blogging infringement, analyze the essence and characteristics of micro-Bo, was foreshadowing for later.After a brief introduction to the micro-blogging, I began to study in the second chapter micro-blogging defamation arise mainly from the narrative and social reasons and legal and moral levels. In addition, I found the reason why micro-blogging defamation frequently occurs because of freedom of speech and defamation conflict with no clear boundaries, especially for greater influence public figures infringement. Therefore, the author of this chapter,focused to the case in a detailed analysis of this issue. This section of the study in this article is the foundation of this problem.The third chapter is part of the problem, introduces the relevant legal theory micro-blogging reputation infringement. Including tort liability subject and then finds micro-blogging defamation elements and liability approach. I combine micro-blogging own characteristics, follow the basic foundation and liability approach Elements "Tort Liability Act," the minor adjustments to make it more applicable to micro-blogging defamation.The fourth chapter mainly analyzes the domestic and international legal status, Through analysis, found a place worthy of our reference problems in China’s law and foreign law.The fifth chapter the author for the first four chapters of the analysis of the problem put forward the shortage of our country micro-blog reputation tort law and improve countermeasures. Mainly from the legislation, compensation system, legal relief, the evidence preservation system perfection, site supervision and industry self-discipline aspect perfect, six aspects in detail, and puts forward the solving scheme for this research problem, believe to be able to study the legal issues of the reputation infringement microblogging aticle. |
PDF Full Text Request