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On Special Protection Of Public Figures Right Of Reputation

Posted on:2007-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:F X HanFull Text:PDF
GTID:2206360185971961Subject:Law
Abstract/Summary:PDF Full Text Request
Today the human dignity right, especially the reputation right, is drawing more and more attention. As a result, lawsuit for the reputation infringement of public figures has been steadily on the rise for these years. However, there is much difference in the protection of the reputation right between public figures and common figures and China' s legislation remains invalid for such case and the present law is not in a position to conduct it. In view of the fact, the paper attempts to conduct a research on particularity of how to protect the reputation right of public figures. The paper is divided into seven parts as follows.Part One: IntroductionThe part i) investigates the present law concerning the protection of the reputation right, concluding that no articles are found specially laid down for public figures, thus it doesn't suit for today's situation; ii) reviews and sums up the theoretical work done by academic circle, pointing out their shortcomings to be overcome; The reputation right of public figures should be protected, but only conditionally, i.e. those who deserve the right should be effectively protected, while those who don't are out of the scope of protection, iii) explaining the value of the research in theory and practice, i.e. adding to the theory of civil law and conducting its relevant practice.Part Two: Public FiguresAnalysis of concept of public figures is the key to develop the research. After much discussion about the development of concept of public figures, a public figure is defined as the person who is widely known and arouse much interest, whose behavior, speech and privacy are closely related with the interests of a society. That is also the standard by which to determine whether he or she is a public figure. Public figures consist of three kinds: i) officials, including political candidates; ii) stars in literary and art circles, movie and TV circles and sports circles etc.; iii) the others.
Keywords/Search Tags:public figures, reputation right, protection, restriction
PDF Full Text Request
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