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Study On The Network Reputation Right Infringement Responsibility Undertaking

Posted on:2015-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2266330428968851Subject:Law
Abstract/Summary:PDF Full Text Request
Network with the general defamation is not essentially different, just because of theparticularity of the Internet, leaving the identification and legal judicial practiceapplicable to the network defamation dispute. First, the main essence of virtualnetwork activity using the identity of Internet users on the network, a civil bodyenjoys reputation in the real world, its identity to a network of social activities in thenetwork, even if does not recognize their right to reputation, but also not negate theneed to protect its reputation. Secondly, the civil subject under the pseudonym, stagename of a certain behavior, the behavior can be classified as civil subjects, and thenwith the popularity of the network, we should also accept the use of informationnetworks screen name can be attributable to the behavior of a real civil subject. Third,regardless of the impact of the network reputation tort only network environment, orspread to the real world, we have identified will not affect the existence of the damage.We can ask them to assume different responsibilities in terms of accountability. Fourth,the way the network defamation liability due to the special nature of the networkvaries, while responsibility for the way the case involves the apology is not reasonablein my opinion, the problem belongs to the moral dimension of apology, should not begiven its coercive power. In addition, the decision should clear the type of damages,against the general right of personality should be given compensation for moraldamage. Finally, thinking about the legislation. Although there is no specific legalregulation networks defamation, and I also think that existing laws and regulationscan solve the existing problems. But we can learn from the use of informationnetworks implementing regulation defamation and other criminal practices developappropriate judicial interpretation.Xu Xin, the professor and doctoral tutor of Beijing Institute of Technology lawschool, once said:"the academic research about prediction, namely small problems byamplifying the discussion to observe and understand the society, as the British poet Black’s poem, to see a world in a grain of sand, a wild flower is a heaven." The mainpurpose of this paper is not recommended the development of a special regulation ofInternet defamation laws or judicial interpretations, just try to make use of the existinglaws, judicial interpretations to solve practical problems. The sanctions network tort atthe same time, the subject of rights protection of civil rights and interests better,maintain good health network environment, better play the role of promoting theconstruction of the network, the rule of law in china.
Keywords/Search Tags:Internet Reputation Right Infringement, VirtualNetwork Subject, Responsibility Cognizance, Way ofResponsibility
PDF Full Text Request
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