Internet Reputation Infringement Problem Research

China’s rapid development and popularization of the Internet, bring convenience to the people at the same time, but also for network violations to open the door, including the network defamation issues. Virtual, open and real-time characteristics of the Internet, making the traditional legal and moral has been a great challenge, network and is considered another of the free world not bound by the secular, which is full of insults and defamation.Although China’s Tort Liability Act, section36of network infringement provisions, but because of too principle of this provision, the lack of maneuverability, and brought great inconvenience to the processing network reality infringement. Lasted nearly a year, causing widespread concern and discussion microblogging case, made a final judgment in August2011.["Microblogging case Kingsoft v. Zhou defamation case, Qihoo360Chairman Zhou microblogging is not conducive to the remarks of Kingsoft Kingsoft against Zhou, claims12million, was called" micro-online Bo’s first case, the case is ultimately lost to Zhou closed, more merits, see text. The judge in the case of the law is imperfect, greatly played a personal creativity, some new understanding of network defamation, but also led to considerable controversy. This paper attempts based on the "microblogging case and discuss some of the problems of network defamation, and put forward some proposals on this basis, in order to contribute to solve the growing problem of network defamation modest.Body divided into four parts:The first part of the brief "microblogging case" situation, including the original claims of the defendant, two trial court’s decision and the parties’ response, and on this basis, the cases the focus of two issues. The same time, through the analysis of the concept of defamation of the network and features lay the foundation of the following questions.The second part of the combination of "microblogging case, the use of the main analysis method, the problem of identification of Exploratory infringing content publishers, disseminators, and network service providers, network defamation responsibility. Including network defamation Elements, responsibilities and limitations of the publisher, disseminators and network service providers the obligation and responsibility, and so on.The third part, to explore the network the right of reputation and free speech on the relationship. Combined with China’s actual situation, analyze the reasons for the network theright of reputation and free speech are often in conflict, the three principles to resolve their conflict, including the principle of beneficial balance of the principle of public factors considerations, the priority principle of free speech and case law. Combination of the microblogging case, then put forward specific measures to achieve network reputation and free speech on the balance.The fourth part for the defamation of our network-prone status quo, put forward some recommendations to solve the problem. The paper argues that a single law specified network violations, the establishment of limited NRS Internet users sense of self.