The Empirical Study Of Corporate Reputation Tort Law Protection

Since1986, the general principles of the civil law "the101th regulation legal persons shall enjoy reputation, involving corporate reputation infringement cases disputes has been nearly a century, based on the law of Peking University information network, knowledge network, the data platform, such as selecting the45of ten thousand typical cases found that the court in dealing with these eases for recognition in the process of composition, corporate reputation infringement behavior person tort standard justifications and apply responsibility on issues such as the existence of different standards, ShangSuLv reaches533%, this on the one hand, stems from our country current legislation to protect corporate reputation infringement rough sets, on the other hand is the uniqueness of corporate reputation tort. From the point of the research of domestic academia, the scholars focused on corporate reputation literature of the study is less, mostly focus on the corporate personality right and the news media abuse corporate reputation, but in judicial practice, both natural persons, legal persons and other social organizations may become the subject of the infringement corporate reputation, based on the above problems, this article attempts in the perspective of judicial practice case, the perspective of China’s corporate reputation infringement judicial status quo, through the existing problems and defects in theory and practice of cognition, to protect corporate reputation infringement to detailed studies relevant issues.In this paper, the structure of the besides "introduction" and "conclusion", mainly analyzes six chapters. The first chapter "corporate reputation tort law provisions to protect the designing of the problems existing in". This chapter by analyzing our country "general principles of the civil law" article101, article134and article120of the2,1998, the supreme people’s court "general principles of the civil law views" article140, paragraph2, article150, article151,1993"about to solve some issues of reputation cases,1998" about "the explanation of some issues reputation cases,2001" about civil tort liability of compensation for mental injury, the explanation of some issues, such as the tort liability act2010related law and judicial interpretation, mainly put forward the following questions: reputation of natural person and legal person’s reputation is what difference; The legal person’s reputation and the reputation of natural person rules the appropriateness in the same law; Whether of main protection of the legal person of reputation should be regulated the legal protection for damage compensation, to distinguish it from a natural person; If a legal person of authority members such as the company’s senior management personnel’s reputation is aggrieved at the same time makes the legal person’s reputation is damaged; Our country law how to deal with the company’s legal representative reputation suffer violation, the impact of corporate reputation and loss given. The second chapter,"abuse the problems existing in the components of corporate reputation as the". The supreme people’s court on the trial of reputation case to solve some issues of adopted shall be determined according to the general principles of tort liability constitute violation of civil liability of the corporate reputation, think the infringement corporate reputation should have illegal behavior, damage fact, causality and fault of the four elements.This chapter is based on typical cases in the judicial practice, the judicial practice in the enroach on corporate reputation damage facts, illegal behavior, behavior, and the result of the damage and causal relationship between the offender and other requirements applicable to the difficulty in the process of subjective fault and the analysis of existing problems, respectively how to put forward with the combination of the basis of the domestic existing theoretical research for the current corporate reputation infringement related provisions in law and judicial.The third chapter "impaired corporate reputation as justifications problems". In1998the supreme people’s court on the trial of reputation case to explain some issues of article5, article6to establish the relative privilege, article9a fair comment. This chapter will combine the typical cases in judicial practice in our country at present the court how to determine reputation infringement defense were discussed, and the content is basic true, reasonable reference information, comments and fair expression of public interest purpose such as typical defense applicable requirements put forward in this paper, the point of view.The fourth chapter "empirical research of our country’s form of corporate reputation responsibility to bear". This chapter mainly through statistical analysis to stop the infringement, eliminate the influence, to apologize and compensate for the losses, respectively, in the judicial practice there are large disparities in proportion to the court to support, this article found in successful case, to apologize for the court to support the proportion is85.18%, stop the infringement, eliminate the influence, rehabilitated also accounted for more than50%, and compensate for the losses the court ruled all support only1case, part of the support of compensation with the plaintiff claims gap is very big. This chapter assumes responsibility for the above five problems that should be paid attention to in the judicial practice, put forward in this paper, the point of view.The fifth chapter "foreign analysis about corporate reputation tort law protection regulations". In China and the law of tort law are two gives legal person certain legal means to protect the interests of its reputation, preventing the fame interest was not due, it mainly includes the required behavior person withdraws his to make statements with characteristics of damaged reputation; Requires the offender correct its to make statements with characteristics of damaged reputation; Asked actor public statements on its response; Sue to the court, asking the judge issued an injunction forbidding the behavior person publicly or continue to open to its reputation with damage to the nature of the statement, etc., it is necessary for foreign legal relief for infringement of reputation and our country current laws and regulations related to do a comparison, in order to our country law further perfect legal relief for infringement of corporate reputation.Chapter6"reconstructing our corporate reputation tort law protection legislation thinking" through the analysis of the above five chapters to discuss, we have clear in our country at present the lack of legal protection for corporate reputation, at the end of this article, the author try to corporate reputation infringement protection legislation for the future of our country put forward some considerations:one is whether the legal person’s reputation and the reputation of natural person according to their different characteristics respectively, in violation the rules of the corporate reputation can be according to the different rules of different body types, can be divided into natural encroach upon a corporate reputation, corporate reputation, the news media abuse corporate reputation, and on this basis, respectively, according to the regulation of different types of clear violations of the components of corporate reputation, the person’s defense and responsibility. Second, our country legislation will be in protecting corporate reputation more attention to the legal remedies of damages.3it is to stop the infringement, eliminate the influence of the law in our country, the rehabilitated and apologize such terms are accurate. How these legal relief measures in the specific case for also puts forward the viewpoint of this article. Four is insufficient to protect corporate reputation tort law in the property interest damage a lack of attention to corporate reputation, the property damage compensation system has compensation function not only, also has does not have the property damages punishment and warning function, establish the property damage compensation system is of great significance, is conducive to further improve the corporate reputation tort relief system in our country.For corporate reputation, the researches of this article has made the innovation in the research method, the comprehensive investigation on the basis of the specific problems in the judicial practice, combined with the theory of the existing research results reasonable inheritance, put forward the feasible operational standards, to achieve the best protection of corporate reputation. Given in this paper, the academic research ability, cognition and theory foundation of basic skills is limited, there are many deficiencies in this paper, the research:one is how to define the enroach on corporate reputation and the natural person reputation of responsibility. The second is how to clear violations of the corporate reputation of the constitutive requirements of justifications, the specific reason and legal consequences. Three is no dig up more deep-seated problems and complete legislative proposals are put forward.