Research On Micro-blog Reputation Infringement Problem

Micro-blog, a trendy information exchange platform, as if from birth have been regarded as free of thecrown, as a public platform for free exchange, freedom of speech has been great to play.However,micro-blog also appeared many unsatisfactory, micro-blog insult, the scandal beyond count, micro-bloginfringes upon right of reputation phenomenon was "the wind again" posture.Micro-blog platform is acommon communication platform, it has no special obligations, and thus do not enjoy special rights, not tomention the special immunity.Lawyers said:"freedom means responsibility".Either the micro-blog, blog,micro-blog, as long as it is open to the public and the private diary, they are essentially different, theybelong to the network of public space.Therefore, the micro-blog reputation infringement of reputation rightbehavior as the legal adjustment the scope is the information society, micro-blog boom due justice.In view of this, to strengthen the standard management and network communication of micro-blogexpression right of control, become new period an unquestionable and critical discourse.Although themicro-blog the Internet is a virtual space, but does not mean that it has no legal boundaries and the bottomline.This article will start from the micro-blog, divided into four parts, layer spread.Micro-blog, this obvious since the media characteristics of the platform, in two years of much time hasbeen like bamboo shoots after a spring rain increase, its impact is unexpected.Information distortion,blindly follow, created a large number of infringement of right of reputation phenomenon.Therefore, thefirst part of this article on the origins of the micro-blog, basic knowledge carding micro-blog, based on theanalysis of the characteristics of, and more easily obtained micro-blog era reputation tort causes.Thus thispaper problem.The emergence of micro-blog, changed the way people communicate, reputation right protection moreand more people’s attention.Network reputation right along with the development of society have a class ofnew legal phenomenon, but not new legal issues, the infringement of right of reputation of the generalfeatures of the still apply.The second part of this article from the micro-blog right of reputation, it has whatfeature analysis; and the connection is actual, on micro-blog on defamation, characteristics of main typesare explained, thus the micro-blog reputation infringement in the new situation of a macroscopic understanding.From the outside, the last section briefly presented micro-blog has a prominent problem--freedom of speech and the right of reputation of the conflict, and under what circumstances, their speech isfree, under what circumstances, this expression is infringement of right of reputation.Thus the transition tothe third part of this paper.In micro-blog this platform, freedom of speech should have a limit, what extent we can be free, andunder what circumstances, constitute an infringement, this involves the infringement cognizance.The thirdpart of this article from the micro-blog reputation right infringement form proceed with, draw lessons fromtraditional reputation tort elements at the same time, placing it into the micro-blog this unique environmentwere analyzed, and then clarify the problem.At the same time, respectively, micro-blog blogger,commentator and micro-blog service defenses are discussed, then the micro-blog reputation tort has aspecific understanding, further analysis of the thesis.Micro-blog is a new thing, throughout the world, there are very few specialized regulation micro-blogtort precedent, because the micro-blog reputation tort remains essentially is a kind of network tort,generally put in Internet reputation infringement in specification.The fourth part of this article will be onsome Internet industry more developed countries and China introduces and analyzes the currentregulation.Through analysis we can conclude, foreign models have the place that can draw lessons from,but can not take a means, coupled with China’s personality right law, media law legislation is not perfect,micro-blog infringement itself is concealed, and spread rapidly, micro-blog involved people lack the senseof social responsibility, moral quality to be improved.Lead to Internet users, Internet service providers usethe network infringement of reputation right behavior cannot get effective norms, resulting in legal victimprotection is not in place, the sanctions in place of tort.Therefore, the author finally from the legislative,judicial, administrative consciousness, legal consciousness and other aspects to improve, with a view to themicro-blog reputation tort have positive significance for solving the.In conclusion, micro-blog platform is a full expression of freedom of the platform, but also because ofthis, micro-blog of reputation tort phenomenon is banned repeatedly more than, how to balance therelationship between the two is to solve the puzzle, based on the analysis of the phenomenon of micro-blog,on what the micro-blog reputation tort are identified, not micro Bo of right of reputation in the phenomenonsummed up, and try to find out the regulation of the micro-blog reputation infringement, and puts forward some protection measures, through the promotion of legislation, improve the network service providermanagement consciousness and strengthen management, improve the means of micro-blog users awarenessof the law to reduce the micro-blog reputation infringement occurred, promote micro-blog. Healthdevelopment, the virtual space of the protection of private rights, the regulation of expression of micro-blog,free expansion and legal boundaries have certain positive effect.