The Research On The Civil Protection Of Reputation Of Unincorporated Body

The Civil Law of China has its time limits on the civil subject classification systemand the civil provisions of the main system.It does not cover the common content ofunincorporated body.This leads to the knowledge dislocation of the unincorporated bodybetween substantive law and procedural law.Compared to the natural system and thelegal system,the rules of unincorporated body about whether in the capacity of civilrights,or in the enjoyment of civil capacity range,there are serious limitations.The CivilLaw of China clearly provides that natural persons and legal persons were protected bythe law the right of reputation,but the civil protection of unincorporated reputation isexcluded.But in2009,the subject on the protection of reputation in Tort Liability Act isnot just limited to natural and legal persons,but in general terms as"subject to the legalprotection of civil rights".This statement is the unincorporated into the scope ofprotection of the Tort Law left a further explanation space.There are large numbers ofunincorporated bobys which has made great contributions to the development of thenational economy.It is the general trend that gives the civil dominant position ofunincorporated body and its reputation for civil protection.This thesis focuses on the civil protection system construction of the reputation ofunincorporated body by comparative analysis.It is divided into three chapters.The firstchapter overview concepts of unincorporated body,legal characteristics,historicalevolution and meaning of unincorporated reputation.And according to the comparisonbetween the reputation of unincorporated and natural persons,legal persons to get a betterunderstanding on the reputation of the unincorporated body awareness.Next comes thestatus of the civil law protection of unincorporated reputation,indicating the urgency andnecessity that the right of the unincorporated body to be an honorary civil lawprotection.The second chapter analyzes using comparative law to summarize andrecesearch the civil law protection of civil law and common law of the relevant nationalreputation of unincorporated body,trying to learn some of their useful rules,in order toapply to the unincorporated community of the future reputation for civil protection of therelevant system design.The third chapter designs the reputation of unincorporated civilprotection system.It includes unincorporated body constituted defamation tortliability,defenses and accountability of way.Civil law protection of the reputation ofunincorporated body not only help maintain the economic interests of the unincorporated association,unincorporated body system to promote development,but also contribute tosocial transformation and governance structure of the healthy development of thenational economy.