The Theory Of Building Special Defense System Of Reputation Infringement In Our Country

In the face of growing reputation infringement disputes, our country needs and has in fact established basic truth, fair comment, authoritative source, valid academic evaluation and so on as the special defenses of reputation infringement through the Supreme People's Court's judicial interpretations and replies and all levels of the court s ' trial activities. However, our country's established special defenses of reputation infringement appears fuzzy, simple, scattered, and immethodical, which is hard to meet China's current rising rights consciousness, as well as the need of supervising the public power reasonably through the enforcement of freedom of speech and maintaining personal reputation and dignity. Compared with statute law and case law of other countries(regions), it can be found that our country lack systematic special defenses of reputation infringement. Special defenses of reputation infringement are the legal boundary for freedom of speech and reputation protection, shall reasonably divide the respective boundaries between freedom of speech and reputation protection. Considering the concrete factors in building reputation infringement defense system, put forward the opinion that the press(media) reputation infringement should not separate individual defenses, comments related to "public" factors should have more freedom of speech security,and facts and comments should be distinguished. Building a unified reputation infringement defense system in our country mainly includes five contents: basic truth, honest comment, publication on matter of public interest, authoritative source and valid academic evaluation. These five contents are based on the basic classification of the distinction between facts and comments, on the basis of not infringing personal reputation, considering more protection for the public interest, share out the work, play a certain role in their scope, and cooperate with one another, reasonably divide the boundaries of freedom of speech and reputation protection, which can form a organic system of special defenses of reputation infringement.