On The Tolerance Of Public Figures

The concept of public figures from the US law the 1960 s, China’s law does not expressly provide for the first time appeared in public view in the 2002 blockbuster "Fan Zhiyi case", the trial court verdict He referred to the concept of public figures. The obligation within tolerance for a long period of time also exists only in theory among scholars, sum up, tolerance and other obligations like, is a legally binding, specific expressions for the rights of defense would have been entitled to based on their rights,However, under certain circumstances, but we shall not tolerate plea. Along with social progress, tolerance obligations among national laws continue to reflect, in our country,tolerance obligation is mainly reflected in the Civil Code in the neighboring relations,environmental law in the immission and public figures such as the right personality.Among them, the obligation to tolerate public figures aspect of personality rights and interests is the theme of this paper. In our judicial practice, cases against public figures concrete personality, often involving tolerate obligations, including the right of portrait and name rights of privacy, reputation and commercialization. In these types of cases, the requirements of public figures assume the obligation of tolerance, not a rebellious personality basic principle of equality, but for public opinion for the protection of rights,legitimate purpose public’s right to know, is the balance of rights conflict, to meet the public’s legitimate interest means necessary.However, our obligations with regard to public figures to tolerate legislation is still a blank, which in turn leads to the relevant judicial decisions "fragmentation, chaos." In contrast the United States, Britain, Germany and other developed countries on public figures personality rights protection system is relatively perfect. United States based on actual malice principle of public figures were appropriate restrictions personality right;British news law relatively severe, libel laws also have real defense, honest opinions such as defense against public figure personality right;Germany the direct provision of public figures in the legal personality of special rights, and do classification difference. This is our duty to build public figures to tolerate very reference system.Defects and deficiencies in the face of public figures to tolerate duty now, we should be the basic principles and specific combination of legal norms to be addressed. The judge ruled in favor of the basic principles of tolerance obligation of public figures in the judicial practice, and specific laws and regulations in favor of the judge’s specific operations. In particular, the obligation to tolerate public figures to be the type of norms, different types of public figures whose tolerance scope of the obligation is also different, the minor publicfigure as a special case, more in need of our attention. But also through the clear obligation of tolerance specific criteria, rights granted to media reports of public officials and the introduction of off-site courts mode a series of measures and means to resolve. Of course,in order to establish the legal and even overnight constitutional obligation to tolerate public figures legal system, does not meet China’s national conditions and the judicial system,also appears to be too aggressive. Therefore, at this stage, we can publish guidance by the Supreme Court judicial interpretation or manner of cases, a clear obligation to tolerate the status of a public figure in the judicial practice, "first justice, after the legislation", and gradually improve our public figures to tolerate duty system.