The Totr Law Protection Of The Legal Person Reputation

The reputation is an important type of personality right, adjusted and protectedby laws. Yet in China’s current legal theory and the judicial practice, the protection ofthe right of reputation is focused on the natural person’s reputation. Even if thereputation of legal person is involved, the main discusses are the news mediainfringing the legal person’s reputation. The entire study of infringing the reputationof corporation is still insufficient. In judicial practice, the news media againstcorporate reputation right is certainly an important component of corporate reputationinfringement, but it should be noted that against the type of corporate reputation rightno means limited to this. Whether natural or legal person or other social organizationsare likely to become actors for violations of corporate reputation.In judicial practice, legal person reputation infringement tends to involve theprotection of the legal person’s reputation and the social public, news media and othersocial subject freedom of speech, the supervision of public opinion and the fightingon the right exercise. How to seek for a balance between the two types of rights, bothto protect the legal right of reputation and will not restrict the exercise of thelegitimate rights of other subjects of rights, is a problem in the theory and practice. InChina’s relevant laws and judicial interpretations, the problem is only the frameworkof the provisions. For the identification of legal defamation, infringement defense aswell as responsibility and commitment of the specific application in judicial practiceis still inadequate, and lack of operability standards. Therefore, the study of this issueis undoubtedly of great value.Based on the practice of judicial selection reputation dispute case as a basic legalperson, the reputation of our country legal person infringement problems judicial thestatus quo. Through the theory and practice of the problems and defects, by infringingupon the cognizance of the legal person’s reputation as the core, analyzing thecomponents of the legal person reputation infringement, tort defenses and abuse, tort liability defense. Trying to putting forward the tentative proposal to solve relatedproblems is important to enhance the operability of relevant laws and regulationsapplicable to improve the relevant legal system, thus achieving better protection ofcorporate reputation right.The article is divided into four parts.The first part is the existing legal provisionson China’s legal right of reputation. The relevant provisions related to corporatereputation in China’s laws and judicial interpretations are enumerated and expanded,as the basis of the argument. The second part is for corporate reputation infringementof the components of the analysis. Through the examination of each element and thespecific cases, putting forward the legal application of judicial practice barriers andthe existing problems. Trying to give a relatively reasonable and workable criteria canhelp us to deal with the relatively rough legal system. The third part is the analysis oflegal defamation defenses and tort defense abuse. Discussion of the elements, thespecific subject matter and the legal consequences are very important to balance theprotection of corporate reputation right and the public, news media, freedom ofspeech, criticized the proposal, public opinion and other legal rights. This is moreconducive to judge formally the legal defamation defenses whether the conductconstitutes a legal defamation, and help to improve the accuracy and effectiveness ofcorporate defamation identified. The fourth part is a discussion on against corporatereputation responsibility. For the type of actors constitute the reputation of theinfringement of legal responsibility that may arise to them all, for each responsibilityshould be noted that type in the application of a clear, and put forward the viewshould certainly legal persons shall enjoy the non-property damages claim, moreeffective protection of the reputation of the legal persons, and is conducive to furtherimprove China’s legal defamation relief system. The conclusion is a summary of thearticle and central part of refining. I hope that through this article on corporatereputation in China to provide a little useful reference.