A Research On The Right Of Reputation Infringed By The Expression Of Opinions

The freedom of expression means to express one’s opinion freely and it is now protected under the frame of constitution in most countries of the world. With the development of technology and the popularity of the Internet, more and more people are able to comment on different events and opinions conveniently through social network platform or related media. However, cases of reputation right infringement have increased these years along with the free expression of opinions. Some of these cases are caused by the personal attacks with the expression of opinion, which is supposed to be punished. But some cases caused by commenting on public affairs are in essence harsh criticism that should be protected, not convicted reputation infringement. These judgments undoubtedly limit people’s right to express and therefore do harm to the form of good social atmosphere.In this case, the author will conduct a research on expression freedom and reputation infringement theories with documentary method. This paper will also analyze the difference between reputation infringement theory and practice,summarize, research and analyze the typical domestic and foreign cases on infringement of right of reputation, eventually providing the corresponding judgment standards for the trial of infringement of right of reputation. For the expression of opinion, the first thing is to distinguish between facts and opinions on the basis of key theory standard which means that those who account for a greater proportion will determine the qualitative expression. Meanwhile, not all negative remarks areinfringement, the judgment of which need to be related with a variety of factors such as the situation, context, semantic and special semantic. The remarks on public affairs or academic issues should be treated with tolerance but not judged as infringement,even if it may cause the decrease of the social assessment of specific person.