Research On The Right Of Reputation Of Legal Person

Our country's legislation and judicial practice both have support the legal person's reputation.Legal person as the created organization owns the personality interest which is considered to belong to natural person for its ethical characteristics.The question that what is the real legal logic about the legal person's reputation has not reach a consensus by academia.Legal person's reputation and na tural person's reputation are prescribed in article 101 of Gerneral Principles of Civil Law which is promulgated in 1986.Legal person's reputation is protected by the rules of protection of reputation of natural person.But the reputation of legal person is different from the natural person's reputation.Simply referring to the rules of the protection of natural person's reputation leads to the expansion of the reputation of right to all kinds of legal person including legal person of government,which is easily to lead to the abuse of reputation.Protection of legal person's reputation is also a conflict to the value of citizen freedom of speech and public opinion.General Rules of Civil Law separates the legal person's reputation right and natural person's reputation right in two provisions in order to elevate the status of legal person.This article uses the method of legal hermeneutics and gets the conclusion about the legal logic of legal person's reputation,which is putting the theory of legal tools and fiction theory of legal person as a prerequisite.Reputation is a form of ownership for a legal person.Legal person's reputation and natural person's reputation are derivative relationships.The system of personality right is shaped by the personality interests of natural person.Its purpose is to protect personal interest which is existed in groups.Among.the legal interests belonging to the natural person,some personnal interests which can exist in groups could be protected by giving the legal person the corresponding rights.As for life,health,physical and other legal benefits,they can not exist in form of groups.So there is no need for legal protection.Legal person as a creative organization is not ethical,but from the value of the tool of law,we can ues the legal technology to confirm that legal person can get reputation right.As long as the system can be designed to meet the purpose which legal norms need to achieve.Fiction theory of legal person is more flexible in dealing with the whole body and individual relationship of the members and it can play value of instrument of legal system.Legal person's reputation is a combination of private and public welfare.From the perspective of private interest,giving legal person reputation right on one hand can help to achieve the original purpose of the establishment of legal persons to protect the legal person's freedom of operation and independent development.On the other hand,fictitious legal person as a natural person'extension of capacity can help the natural person achieve the survival and development of individual,and ultimately realize the fundamental value of mankind.From the perspective of public welfare,legal person bear important social functions.For the profit-making legal person,giving its reputation can ensure it avoid being affected malicious slander by interbank competitor in the fierce market and achieve independent management and create more wealth for the community.For non-profit legal person,it usually takes on more social service functions.Giving it reputation can help to maintain the interests of unspecified majority people who are interested in it.The protection of reputation of legal person is bound to conflict with the value of public opinion,freedom of speech and so on.In the third chapter of the General Rules of Civil Law,the legal person is divided into profit-making legal persons and non-profit legal person by using structuralist classifition as the standard.It is worth mentioning that the legal person of government is classified as a special legal person.The profit-making legal person and non-profit legal person should be protected their reputation by law for their basis of interest,which is a conmbination of public interest and private interest.But in order to ensure the citizens' supervision of administrative behaviors,legislation should deny the special legal person' reputation right.General Rules of Civil Law uses the same article but different sections to regulate the legal person's reputation right and natural person's reputation right.The new law confirming the right of reputation of legal person embodies that civil code attaches importance to legal perison's status.But also revealed a new thinking that legislation is intended to seperate the legal person's reputaion and natural person's reputation.Tort Liability Law does not distinguish the rules between legal person' reputation right and natural person's reputation right,which makes the judicial practice can not achieve uniform in the legal person's reputation right's identification of constituent elements and responsibility to bear the way.In the future,tort liability of civil law should make special terms about the elements and responsible way of legal person's reputation right in order to achieve a comprehensive protection of legal person's reputation.