Analysis Of MicroBlog Reputation Infringement

At present, lots of MicroBlog reputation infringement cases constantly spring up,bringing influences upon people’s work and life, and how to regulate thisphenomenon in a reasonable way catches great public attention. MicroBlog reputationinfringement, a new type of infringement, cannot satisfy the demand of judicialadjudication under the instruction of traditional law system and infringement theory.It causes difficulty in judicial practice because of the various views to the Clause36in new Tort Liability Law. Consequently, the analysis and research of MicroBlogreputation infringement is necessary, and is urgent to be solved. Using insults, libel orother means to damage the reputation of citizens is called MicroBlog reputationinfringement. MicroBlog reputation infringement and traditional reputationinfringement differ in the complexity of infringement body, the convenience ofinfringement way, the pervasiveness of infringement range, the seriousness ofinfringement consequence and the difficulty of infringement rights protection. Allthese factors cause devastating physical and spiritual damages. MicroBlog reputationinfringement in motivation includes:1. pursuing interest:seeking economic benefit,increasing fans, etc;2. Spit-slot and abreaction: using MicroBlog to complain;3. anaye for an eye;4. Kuso: making fun so as to reduce people’s social evaluation. Theunderlying reason of MicroBlog reputation infringement is the lagging of legislation.China at present has not passed laws and regulations to deal with this problems.What’s more, the law invoked is still not complete to be applied in judicial practice.Besides, the main causes of MicroBlog reputation infringement also include:1. theimmature of administrative system: China is blind in management, and has nostandard regulations for service suppliers and users;2. lack of legal awareness: usersbear malice to infringe others;3. checking difficulty: there is no limited for those blogusing mobile phones or net client, which results in difficulty in checking the spreadinformation. The existing legislation can hardly cover all MicroBlog reputationinfringement, when it occurs, we can only resort to related constitution, civil law, criminal law, justice and some relevant regulations and articles, and the supervisionand penalty power are not enough. Though we could find protection in Clause36inTort Liability Law, it is far from enough. What’s more, there are some problems in it,and it needs improving. To improve the regulation on MicroBlog reputationinfringement, the author provides some suggestions as follows: First, to make a fullunderstand of the regulation; second, to perfect the current laws. On the basis ofClause36in Tort Liability Law, to define the word know and in time precisely, todivide the scope of network server in detail and to improve the defect in Noticesenforcement; third, to establish special laws for regulating so as to solve theMicroBlog reputation infringement fundamentally and make up the blank inlegislation; forth, to build a scientific and effective government supervisionmechanism, and to supervise and govern together. In order to further improve ourregulation on MicroBlog and settle the MicroBlog reputation infringement, weregulate the infringement from the perspective of legislation and governmentregulation.