The Study Of Enterprise Legal Person's Reputation Be Violated

Enterprise legal person's reputation is an important personality right endowed by law, which compared with the natural person reputation involves more public interests. Enterprise legal person's reputation infringement cases often involve freedom of speech, consensus supervision right. How to achieve the balance between the rights is a difficult problem. Determining the responsibility when Enterprise legal person's reputation be violated is also a difficult problem, because Enterprise legal person's reputation has certain restrictive which compared with the natural person reputation. Due to the lack of related laws about determination standards and responsibility, the results on Enterprise legal person's reputation infringement cases often difficult to satisfactory.There will use a variety of research methods, such as case analysis method, comparative analysis method, system analysis method. It mainly includes the following several aspects. Firstly, make an analysis related about Enterprise legal person's reputation, then summarize the limits about corporate reputation, the difference between the corporate reputation and goodwill right, credit right. Discover that domestic law pains no attention on the balancing of interests, lacks of clear rules, which compared with foreign related regulations. Secondly, combining with the judicial cases of Enterprise legal person's reputation infringement make an analysis, then summarize up the different infringement subject should have different emphases on the specific standards from the analysis. Thirdly, make an analysis related about the responsibility for Enterprise legal person's reputation infringement, then make a conclusion that the scope of compensation should include mental damages, put liability for damages and other civil liability in the same level. Lastly, make a conclusive suggestion on the problem of Enterprise legal person's reputation infringement. It includes, stipulate the scope of the freedom of speech, legislate the right of corporate reputation alone, make a detailed rules depend different tort subject, and the detailed rules will cover constitutive requirements, justifications. The scope of compensation should include mental damages, put liability for damages and other civil liability in the same level. Hope this article can provide valuable help in the future research.