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Legal Analysis Of Peking University Sued Zou Hengfu Weibo Defamation Case

Posted on:2017-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:B ShenFull Text:PDF
GTID:2296330503962345Subject:Law
Abstract/Summary:PDF Full Text Request
The Internet is one of the greatest inventions of mankind, it has brought great convenience to mankind, changed the way of life of mankind, of course, also led to a number of social problems.Due to the internet’s free speech that lacks rationality, it causes the conflicts between the freedom of speech and the right of reputation, meanwhile, the protection of the right of reputation faces serious challenge. Peking university vs zouhengfu micro blog reputation infringement case as a defamation case, was named "2014 ten civil cases reported by the people’s court, the case involves whether the public institutions has the right of reputation, and the conflict between the freedom of speech and the right of reputation. Therefore, it causes the extensive attention of the society. This paper is consist of the following parts:The first part introduces the case of "Peking University v. Zou Hengfu", then introduces the results of the court’s handling, and finally puts forward the controversial issues arising from the case.The second part is the legal analysis of the main focus of controversy in this case. The first controversy is whether Peking University as a public institution has the right to reputation, the second controversy focuses on whether the case constitutes a damage to the right of reputation.The third part is the case caused by other legal thinking. Balance between freedom of speech and the right of reputation of the conflict, by introducing the principle of "actual malice",strengthening the burden of public institutions and the establishment of supervision by public opinion survey pre procedure, consensus supervision right of priority protection.
Keywords/Search Tags:Peking University, Zou Hengfu, weibo, defamation, legal analysis
PDF Full Text Request
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