Font Size: a A A

The Case Studies Of Babu’s Reputation Infringement

Posted on:2017-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2296330485965424Subject:legal
Abstract/Summary:PDF Full Text Request
This paper based on the real judicial cases, by means of the accepting court jurisdiction, the rank jurisdiction of the foreign cases, the compensation for moral damage of Reputation tort, the lawyers’ acting way, permissions and the analysis of evidence’s effectiveness of such issues as the main subject. Considering the rank jurisdiction of the foreign cases, identify of network-related infringement, the locality of the infringement result occurred, Whether the plaintiff may apply for compensation for moral damage, Whether the lawer’s agent behavior is legal, the agency, the agency authority, the effectiveness and cognizance of the extraterritorial evidence these aspects to analyze. This paper believe that the case involves foreign elements and the results of violations occurred in the plaintiff’s residence, so the defamation complaint should filed in the local Intermediate People’s Court. Analysising the damage caused by the reputation infringement and specific to mental damages identify. Lawyers’ signed act with the defendant is invalid if it is without the party’s consent will be a violation of legitimate rights and interests. Lawyers must follow the good ethics in the proxy process. while exercising the mediation, conciliation authority, the agent need the consent of the principal.Without the consent of the principal, the act was invalid. How to preserve and identify the network infringement evidence, the effectiveness of the unit of witnesses more than just the testimony stamp. Preservation and use and effectiveness of extraterritorial evidence to prove whether or not to go through the embassy. Based on the above analysis of the problem, this paper analyzes the key point of reputation infringement cases in the judicial practice, providing a general orientation and analysis of ideas to resolve such cases in the future. With the development of education, the teaching law to put forward new demands for reform, traditional "indoctrination" of teaching method is being seriously challenged.The case analysis method take an important position in our legal education increasingly,the application of the case analysis method in the law teaching provide students with independent analysis and problem solving platform, enableing the students to become dominant in the class. This article writing by empirical research on the specific case with analysis exercises, changing the shortcomings of traditional teaching methods, viaing the case analysis methods guiding the application and significance of law teaching.
Keywords/Search Tags:objection to trial jurisdiction, compensation of mental injury, the act of agency, identification and effectiveness of evidence
PDF Full Text Request
Related items