Discussion Of Protection In Right Of Reputation

In recent years, case concerning right of reputation has become an importantcategory of civil case, which is mainly because most infringement cases of right ofreputation involved public celebrities, have relatively large social impact, and besides,it is difficult to carry out the trial and distinguish right of reputation from right ofprivacy, freedom of expression and supervision by public opinion. Additionally, oneyuan compensation case on infringement of right of reputation is gradually increased,which is resulted from Chinese citizens’ improved legal consciousness of protectionof right of reputation and has certain promotion on China’s legal construction.Case concerning dispute of right of reputation has been increasing largely overthe past few years. In addition, it is extremely active that researches on theory of rightof reputation are carried out. In addition to regulations on criminal liability for thebehaviors such as insult and libel in "criminal law", China’s "General Principles of theCivil Law" regulates protection of citizens’ right of reputation and the Supreme Courtcarries out corresponding judicial interpretation and reply on the difficult problemssuch as confirmation and scope of protection of right of reputation. China’s scholars incivil law have published a large number of works and papers on theoretical andpractical problems related to protection of right of reputation and especially pay highattention to the confirmation and relief of right of reputation, which provides valuableand abundant data for the future research promoting domestic development oflegislation and justice practice on right of reputation.However, there are still a lot of issues to be resolved in China’s civil trial activities. This paper is divided into four parts to discuss the protection of thereputation. The first part mainly discusses some basic questions of the reputation aswell as the distinction between privacy and other rights. The second part wouldcombine with the cases to solve the problem which is involved in the process of socialevaluation and whether the behavior of the “none-specific points” will cause theconstitute infringement. The third part will focus on the protection of reputationwhich uses the comparative method to research the difference about reputationprotection at home and abroad. In this part, it will also discuss the question aboutreputation right of the dead and the reputation of corporation. The last part of thispaper, the exception of protection of reputation and some hit subject which has causedmany scholars hotly argued against the right of reputation will be discussed.