Study On The Restrictive Protection Of State Officials' Reputation

From the perspective of supervision and control of power, state officials exercise the public authority, their personal life and work is located in the vision of the public and the media more than others. Especially with the use of network technology and the popularity of the "problem officers" as if the network monitoring and network reporting has become a very effective model. However, our public opinion and the right to protect the reputation of state organs, the tension between the growing and there is a tendency to suppress public opinion. From the "Jiao Meigui" case, "Yin Donggui" case to "Zhu Wenna" case, "Deng Yonggu case", etc. These events lead to widespread social concern and comment, also caused the legal profession for the right to protect the reputation of the national staff of a series of deep thinking. In handling these cases, the judiciary is often in a dilemma, on the one hand, the reputation of the national staff of the right protection will lead to a high standard of public opinion on the malpractices of palace bureaucrats, formalism and a variety of reading level, corruption, inadequate disclosure, reporting and comments people have been subjected to rights violations, serious impact on the role played by public opinion; other hand, the reputation of the national staff will be against the democratic supervision of the laissez-faire into the wrong path, even become violent to encourage network an indirect driving force. This dilemma caused by many factors, the study of this topic to properly adjust the reputation of public opinion and the right to protect the national staff of the various relationships between and contradictions, in order to play the role of public opinion, the construction of contemporary China public power and sound operation of the relationship between public opinion.This paper is divided into four parts.PartⅠ:National staff restricted the right of reputation-based protection. First, the civil service through the national staff and Analysis, and development trends of foreign civil servants category, as defined in the standard national staff and official activities identified to study the specific identity of national staff. Second, the analysis of the national staff of a particular reputation protection, including social evaluation of the national staff of the specific protection of the specific national staff privacy protection. Finally, from the freedom of speech, public opinion, the people's democratic perspective of the three national staff restricted the right to protect the reputation of the theoretical basis.PartⅡ:Reputation of our national conservation status of the staff analysis. This part of the judicial practice in the selected four typical cases:Rose v. Coke, "China Youth Daily" case, Yin Donggui v. case of a newspaper in Wuhan, Zhu Wenna case, described the case of Deng Everlasting analysis. This cut, analysis of China's reputation in the protection of national staff problems and protect the underlying causes of disorder.PartⅢ:The right to protect the reputation of public officials outside the model study. This section of the United States, Britain, Germany three representative national reputation of public officials to study the limiting protection to the point of view from outside our reputation to protect public officials provide a reference model.PartⅣ:China's national staff to build reputation restrictive protection system. Mainly from the right to regulate the national reputation of the staff constitute the elements of tort, and strengthen national staff defamation in burden of proof, strictly limit the application of defamation, libel on the national staff received the right to arrest the four angles of the reputation of our national staff restrictions protection system is built to provide a reference.