Freedom of speech and the right of reputation is the right with each other, for different people, different aspirations, it is difficult to balance--over to protect the plaintiffs right of reputation, will affect the defendant free speech exercise, and stressed the protection of defendant speech, is bound to be infringed the plaintiffs reputation. In a word, it is due to the reciprocity of rights, resulting in between rights and rights, there is no definite boundaries, so its citizens’ freedom of speech and the right of reputation often conflict. In the judicial practice, there is a large number of laws applicable to the case of the infringement of the reputation right of the legal person. Especially for the well-known corporate reputation infringement case, the suitability of the contents of the theory of "public figure" in the case of the burden of proof and the final judgment results have great influence. And on this issue our country law is too backward, resulting in different cases, the verdict is similar to the different. Our country should try to revise the current laws and regulations, clear corporate goodwill, loss and according to the actual need to refer to the part of the theory of "public figure", so as to achieve protection of balance of corporate reputation and freedom of speech. |