Defamation Defenses System

The reputation infringement has been treated seriously based on Constitution and Civil law. However, the defense system which is lack of special system and defamation of the boundary is not complete in our country. Based on the previous problem, it is hard to solve the real case by using the theories listed in current system. In this paper, the current theory is going to be reviewed and by considering the cases in other countries the summary is concluded based on the national situation of China. Finally, the assumption is provided for further discussion.In the first chapter, for completing the defense system purpose, the review of the current system and the sufficient and necessary condition must be considered first. In the second chapter, through reviewing the defense system of reputation infringement in common law countries and the law of the civil law countries, by analyzing the theory advantages and system advantages of each country's defense system of reputation infringement. In the third chapter, by comparing to some countries'complete defense system of reputation infringement, this paper is summarizing the disadvantages of our country's defense system of reputation infringement and this paper is also giving the assumption to build the frame of more complete and better defense system of reputation infringement for our country. The further details are approaching the general and particular logical sorting methods, and base on the'defend propositions of general subject'and'defend propositions of particular subject', the relevant provisions of defense system of reputation infringement is going to be given. This paper is going to discuss the details of defend in the category of'defend propositions of general subject'. These details include the actions of prior consent, reality defend, self-defense, emergency, legitimate exercise of general subject's right, expression of goodwill based on self-protection, Neutral remarks and so on. Particular subject is divided into two categories, particular identity subject and the subject of particular medium function. For the first group, the evaluation for representative of National People's congress, the evaluation to employees, to the government functionaries'behavior and to interested parties'statement in a good way would be analyzed. For the second group, the defense on media object regarding Internal publication, the data carrying text, literature work and the defense of media object providing exchanging service would be stated. Due to the fact that the most important part of whole defense system is comprised by the defense of News Reputation Infringement, the part regarding the defense on news would be discussed specifically in a separate part. The significance for improving the defense of the reputation infringement would be summarized finally, pointing out the fact, meanwhile, that it is one of the most important elements to realize the ultimate objective of Civil law.