The Consideration About Right Of Reply:The Improvement Of Our Country's Legal Remedy For Reputation Infringement

Right of reply is one legal means of protecting right of personality, having positive significance in reputation, freedom of speech and so on. Since France created this right firstly, the civil law countries (regions) have followed one after another. For example, German, Russia, Japan and our country's Macau. And common law countries (regions) haven't any legislation on unified recognition of this right, however, they can't overlook the function of right of reply so that for whether to respond to rights into legislation the debate have been discussed for many years. In our country, we haven't had regulations about this right so far. In mainland China legal science also has less special works about it. Because of the single way and provisions of general legal relief for infringement of reputation, there are all sorts of problems in our law. We need to devise right of reply to make up for it. Therefore, this paper is aimed to research the right of reply for the necessity and feasibility of applicable in China by introducing some countries (regions)' characteristic systems. So that we can put forward the proposal on our regulations of reputation tort relief.The author will through five parts to discuss the right of reply:The first part is introduction mainly talking about this paper's background, purpose and meaning. Our current legal relief for infringement of the reputation has some defects in one way or the other way, having no ability to protect civil subject's reputation. Establishing right of reply as soon as possible in the field of reputation protection has certain promoting effect on the related theory and practice.The second part is the basic theory. To discuss the right of reply, we have to be familiar with the basic theory of it. It can protect the personality right, especially the right of reputation, with modest restrictions, low cost, implementation of the active initiative and comprehensive protection. It is against the traditional news media in general, for example, the newspapers and magazines and radio and television. While along with the rapid development of the Internet, people began to explore the rationality of the right of network reply. In addition, the influence of the right of freedom of the press is also a hot problem in the academic circles have been discussed.The third part is mainly about comparison on the right of reply among countries. In this part, the author analyzes two legal systems' right of reply: in civil law countries, this right has the French mode and German mode of two main existence, while Russia's right in the scope of application and application also has their own unique. In common law countries, Britain and the United States is representative to the right of reply on attitude and practice, especially in <The Uniform Correction or Clarification of Defamation A ct>, there is some parts about “Request Correction and Clarification” similar to right of reply. The author then selects five countries as research basis points on the basis of comparative analysis of different characteristics, so that when it is right to respond to build this right in our country, author can better make full use of it to improve the system of legal relief for infringement of reputation in China.The fourth part mainly discusses the regulation of plea, which has similar function with the right of reply. What's more, in our judicial practice, there are relief way along with part of function on the right of reply, including a written apology and a judgment enforced. But after the comparative analysis, the author finds that the focus of them is different, and there are many problems unsolved.The fifth part is the thinking of the construction about right of reply in the field of reputation protection. On one hand, the author analyzes the lack of legal relief for infringement of reputation in China by commenting the judicial practice on the provision of legal relief for infringement of reputation, thus to know our country's building need of the right of reply. One the other hand, because of timeliness, remedy and relief, the right of reply has positive meaning to be constructed in our country.On this basis, the author puts forward the suggestions on the relevant provisions in the field of reputation protection, mainly including range, conditions, restrictions and legal consequences of application about this right and so on.