Research On Reputation Infringement Under The Network Environment

The rapid development of the Internet and network technology not only provides new and convenient services to trade and sociability, but also provides a new opportunity to behavior person implement tort. In recent years, the emergence of reputation infringement cases at the network environment of WeChat, micro-blog and blog causes a wide range of discussion in the circle of legal theory and the circle of legal practice. Compared to the traditional media in the dissemination of information, network information transmission has its particularity and which performance is faster and wider and across the region. When reputation infringement occurs, the virtual nature and the multiple of the liability subject make the problem become more complicated. Both the right of reputation in the network environment and the right of reputation in the traditional civil law belong to the category of personality right, but there are still some differences based on the particularity of the network. Therefore, the recognition of the network reputation right infringement case also deserved to be different treatment. The judicial interpretation for network reputation right infringement only exits in some laws and regulations and the Supreme Court made in China, and there is not a special and complete legal norms on the right of reputation infringement under the network environment. The emphasis of these norms is different because of the different legislative level, the different legislative branch and no uniform system of the detailed rules, it will undoubtedly make the legitimate rights of citizens are lack of security. The legislation and the judicial safeguard of the right infringement of network reputation obviously lags behind the development of the communication in the new media era, and the innovation of science and technology has also raised new challenges to the legal regulation. I makes reputation right infringement behavior locate in the network environment and tries analyze the principle of the infringement of the reputation right of the network, the elements of the constitution and the commitment of the liability under the framework of the traditional tort theory and tries to clarify the related concepts and theoretical problems to find the problems and shortcomings existing in the network reputation right system and carries on the analysis proof, discusses the theoretical extrapolation in based on the research from the theory point of view. Combined with judicial practice in different understandings and opinions, learn from foreign legislative, judicial and network supervision experience, I puts forward the perfect suggestion to our country’s existing laws and regulations in order to adapt to the rapid development of the network industry and to protect the legal interests of the civil subject.This paper discusses the network environment infringement behavior by adopting empirical analysis method, normative analysis method, comparative research method and literature research method. The first part leads to the legal problem behind the phenomenon through take the real case as the breakthrough point and analyze cases and court decision. The second part starts from the concept of the reputation right of traditional civil law, combing the traditional theory and leads to the definition of the right of reputation in the network environment, then analyzes the characteristics and the way of the network reputation right infringement. In view of protecting the network reputation right there will be conflicts of value and freedom of speech, this paper expounds the different modes of coordination of the conflict and analyzes the value conflict between the protection of the right of reputation and freedom of speech, defines the balancing of interests of the two kinds of rights. The third part discusses the legal recognition of the infringement of the right of reputation in the network environment, including the principle of imputation, constitutive elements, liability and the relief of the infringement of the right of reputation. Under the existing legal framework, this paper sorts out various views and discusses the special place of the legal recognition of the network reputation right infringement. The fourth part mainly introduces the current situation of the legal regulation of the infringement of the right of reputation in the overseas and our country, firstly analyzes and summarizes the current situation of regulation take the United States, Britain, South Korea and Germany as examples, followed by analysis of our country’s law and then puts forward the existing problem and deficiency. The fifth part draws lessons from the beneficial experience of foreign countries and puts forward the author’s suggestion on the regulation of the right of reputation infringement under the network environment in our country from the aspects of legislation, judicature and self-discipline in order to better solve the existing problems.