Studies Of Infringing Reputation On The Internet

The traditional news media such as the television,the magazine,the radio or the newspaper plays an important role in disseminating the information and the supervision of the public opinion.However,nowadays,using the internet as a tool to disseminate the information has become the most important way of expressing for citizens.But,despite the freedom that the dissemination through the internet has brought to the netizens,it has also led to the growing of the right of reputation on the internet. Some cases of the right of reputation on the internet,which refer to the virtual civil object,the liability,the certification of the amount paid to the damaged party,the unlimited expansion of the scope of the legal jurisdiction,the conflict between the freedom of expression and the right of reputation,are becoming more and more common.Therefore,the research of the right of reputation on the internet is imminent.Focusing on the right of reputation on the internet,this theory is divided in five parts:The first chapter,mainly by analyzing the concept and the characteristics of the right of reputation on the intemet,is defining the right of reputation on the internet through three aspects(the characteristics of the right of reputation on the internet,the right subject and responsibility subject,the difference between the traditional right of reputation and the right of reputation on the internet).The second chapter not only focuses on the basic elements of the right of reputation on the internet,the certification of the responsibility and the reason of the defense,but also analyzes the characteristics of the four basic elements(actions of damage,the fact of damage,the reasons,and the subjective fault)and the way of the internet service providers to take responsibilities and the two common ways of taking responsibilities.The third chapter mainly describes the salvation problems caused by the responsibility of the right of reputation,through comparing with the way of salvation in traditional cases,the writer makes a description of the possibilities and the conveniences of the internet salvation.The writer also analyzes the certification of the amount for the damage by referring to the classic cases.The fourth chapter introduces the issues of arguments of the jurisdiction,with a beginning of the characteristics of the jurisdiction of the right of reputation on the internet,and contacting with the principles of the certification of the jurisdiction in the practical cases,the writer gives some suggestions about certificating the jurisdiction of the right of reputation on the internet.In the fifth chapter,the writer discusses the circumstance and the problems of the protection of the right of reputation on the internet.The writer introduces the contents of the legislation in Chine and the responsibilities of the internet service provider,also,the writer’s own opinions of solving the problems are given.At the end,the writer makes a deep introduction of the conflict between the freedom of expression and the right of reputation on the internet.