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On The Right Of Reputation

Posted on:2008-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhangFull Text:PDF
GTID:2206360215967111Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Repute with the characteristics commonness and being related to times, region, heritability and nationality contains internal repute and external repute. Repute right means citizens and corporations require any other man should not harm their social evaluation related to their credit and quality. Repute right is exclusive and specific. Repute right was commonly protected in the ancient laws; and had an important position; Compared with modern laws the penalty of the ancient laws was more severs and reflected significant class differences. In modern laws the system of repute right protection experienced on gradual development; although the protection methods are various, ways of assumption of responsibility tend to be the same. In china the constitution of the responsibility repute right infringement contains four. The defamation defenses in different codes can be generalized as true, just comment and special permit right. The assumption of responsibility mainly involves the stopping of infringement of repute right, the restoration of reputation, the compensation for infringement, and apology. The balancing of repute protection with the freedom of speech shall follow the slight infringement tolerance principle, the protection and inclination towards the weak party, and the principle of keeping public credit and being guarded in one's speech and deeds.
Keywords/Search Tags:repute, repute right, the freedom of speech
PDF Full Text Request
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