Research On Reputation Infringement In Cyberspace

In recent years,with the development of the mobile terminal equipment,the tentacles of the Internet has extended to every corner of the work and life,at the same time the relevant legal issues also emerged,reputation infringement problems under the network environment in which it contains.The act of tort liability in our country,such as law of network infringement problems,but its provisions of comparison principle,the lack of actual operational and strong pertinence,in trial practice the question of the applicable law have many difficulties.For civil referee puts forward new requirements,both to realize fairness and justice in case requirements fully protect the rights and interests of civil main body,also want to consider now information demand under the network environment,and the development of the future.The reputation under the network environment that is which enjoys the reputation of a particular subject.Although it contains the content and the traditional reputation,including civil subject of reputation shall enjoy the right of tenure,maintenance and management,but the reputation has its own characteristics under the network environment.Reputation tort characteristics under the network environment including the main body of infringement with concealment and complexity,the victim with a "virtual",infringing information dissemination has universality and convenience on the implementation of the infringement.On the Internet,encroaching on the case it is often difficult to determine the responsibility main body,in tort law relations,reputation of infringing copyright under the network environment the main body is mainly original Posting,infringing information transfer,and network service provider.Under the background of the popularization of the Internet,the use of network infringement of civil rights and interests of cases continue to increase,based on the use of network trial practice,others reputation infringement cases of infringement problems under the network environment from two aspects of legislation and the judicial analysis,put forward the corresponding problems.Such as lack of system in our country in the legislation of reputation legislation system under the network environment,reputation infringement cases under the network environment,network service providers responsibility identification,evidence collection;in the judicial practice,such as reputation infringement jurisdiction under the network environment,and trial in the network of distribution of evidential burden reputation protection and balancing free speech.In view of the proposed reputation infringement under the network environment on the problems existing in the legislation and judicial practice,combined with trial practice,put forward the Suggestions to solve the problem of reputation infringement under the network environment in China:In the aspect of legislation consider a perfect legislation system,refine the tort liability law article 36 clear network service providers responsibility identification problem,formulate and perfect relevant legal system to make legal evidence acquisition and efficient;In the judicial practice consider suggestions to determine jurisdiction,the reasonable allocation of the burden of proof,from "two power balance" spirit coordination network reputation rights and freedom of speech.