Comment On The Internet Reputation Infringement Case Of Hu Charging Against Netizen Zhang

The rapid development of the Internet brings great convenience to the generalInternet users and at the same time produce new legal disputes in the free and openweb space. The Internet reputation infringement is one of them.Compared with thetraditional reputation infringement, the Internet reputation infringement with Internetas its medium has it own way. This virtual world, in cyberspace network it iscontroversial whether especially virtual subject enjoys a reputation; What isconsidered the infringer; Decide whether retort liability established constitutiverequirements and the components of the traditional reputation infringement cases isthe same as a series of problems.Sichuan DaZhouShi network reputationinfringement is the first representative case that the plaintiff Hu Sufang v.s thedefendant zhang Internet reputation infringement. As the world of the Internet isvirtual, it can’t exist independently. The virtual world must rely on the real world.Based on the correlation, in a sense, Internet social space is an extension of the realsociety. The evaluation of network’s virtual subject will essentially effect the realsubject in thereal life,and also necessarily effect the real life. So the network’svirtual subject shall also have the right to obtain and maintain reputation, Which is anextention in network environment of the reputation enjoyed by the civil subjectcorresponded to the virtual subject. Internet reputation infringement takes thenetwork as the medium, difficulty to the determination of the infringer, so thecollection and conclusion of electronic evidence has become the key to such cases.And whether constitutive requirement of Internet reputation infringement is basicallyidentical with the traditional reputation infringement constitutive requirements.Butdue to its own characteristics of the network environment, Internet reputationinfringement also has some special requirements, such as the infringer should besubjective intent and the infringement shall time continuity. The court shouldconsider that when identifying liabilty. Examples in this article are designed to makeeveryone to have a systematic understanding of the Internet reputation infringementproblems.Though the cyberspace is virtual, it through actities reflects the real lifebehaviors. We must know how to use legal weapons to safeguard our own networkreputation, and at the same time not infringe others’ network reputation, thus to builda love-sharing, harmonious and balanced network environment.