Font Size: a A A

Natural Person The Right Of Reputation Legal Protection

Posted on:2006-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2206360185972063Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right of reputation refer to a kind of right that a person or a legal person has the right protecting his or it's reputation keep away from any kind of tresspass. Any kind of way such as assault, defamation, or fabric arumour and scatter it damaging a person's or a legal person's reputation .As a result, the person or a legal person was damaged in pysycaitric and mental, or he or it has other uninterest result .all these are reputation damage .Reputation right is a kind of right that consistin tin the personal rights, Reputation right includ person's reputation right and legal person's reputation right. In practice life ,every person or legal person has its own reputation right ,as it say that it has the right keeping away from any kind of tresspassing .What the reputation right protect is a sole society subject's personal indignity ,that is to say ,protect it or should evaluated fairly and fair treatment .The reputation right has the character of legality, exclusivness nonproperty ,speciallity and universality. It differs from the glory right .image right, personal dignity at the same time, they have some contact.The behavior of damaging the reputation right demand five constructive conditions ,that is ,the object is special .the damaging way are insulting ,cursing and so on ,It aimes to damage a person's reputation ,the subject is of intention or negligence , on the object ,It has the fact that tresspassing a person's or a legal person's right ,as the result ,It result in a mass loss on the person's or the legal person's reputation right .But, in practice, we also should realize that at some condition, some kind of behavior can not be treated as tresspassing reputation right .General Rule on civil law .No. 120 item and No.134 item regulated that there are four ways holding liabiliees. That is ,stop the tortious be havior ,erase the effect ,resume the reputation ,economic compensation .These four ways could be applied solely or combinly .How to apply those ways to dispose or sanction the tresspasser is still on probing .Protect the reputation right is of important significance on respecting human right, dealing with mordern technology chalenge, strengthen the spiritual construction and so on.There are some important problems in which reputation protecting lies worth of discussing .such as reputation protecting and speech free, news free. These two problems are also constitutional problems . when conflict arise from them ,We should consider their interest basis ,and devote their direct interest of them ,this is the possitive aime for which we after.
Keywords/Search Tags:the right of reputation, the damage and protect, some problems worth of discussing, legislation consummation
PDF Full Text Request
Related items