The Definition Of Public Figure's Tolerance Obligation In The Field Of Personality Right

Public figure's tolerance obligation originated from the United States,it was been introduced into China Since 2002,the case of Fan Zhiyi VS the Oriental Sports Daily,and be accepted by the judicial practice of our country.There is no unified definition and classification of public figures in academic theory,but it is generally believed that public figures refer to persons with a certain reputation in a certain range.Through the study of the classification of public figures in academic circle,the author thinks that the public figures can be divided into four categories: entertainment stars,senior government officials,main characters in hot events and general public figures.The obligation of tolerance refers to the obligation of the parties to tolerate the other party because of the requirements of legal provisions,social customs and the maintenance of public interests and the balance of rights.Public figures should bear certain obligations of tolerance in the field of personality right,especially in the field of reputation,privacy and portraits.Public figures in the field of personality right should bear the duty of tolerance to satisfy the public's reasonable interest?guarantee the media to supervise public figures?protect public speech freedom?balance the rights and interests of the two sides of the lawsuit and let public figures get public attention.There is no provision for public figure's tolerance obligation in China's legislation and the legislation of personality right is almost blank,which needs to be filled urgently.But there are a lot of cases involving the definition of tolerance of public figures in our judicial practice.Through the collation and analysis of relevant cases,the judicial practice on the definition of public figure's tolerance obligation in China have many characteristics,includes most of them are entertainment stars,some of them are general public figures and main characters in hot events,no senior government officials;public figures usually have national popularity and the Regional public figures often assume certain duties and have specific obligations;fewer cases are based on the obligation of tolerance;many cases involving virtual space.At the same time,there are some problems.The court is too cautious about the definition and commitment of public figure's tolerance obligation,the conflict between the introduction of the theory of public figures and the current legislation leads to a vague definition of tolerance obligation.The United States improves the theory of public figures and actual malice rule through several cases,and defines the types of public figures and the limits of toleranceobligations.In Germany,public figure's tolerance obligation is defined through the case of Princess Morocco,and the public figures are classified,but there is a lack of specific legislation on personality rights.The two countries represent two different legal systems,the theory and practice of the two countries have a great significance for our country.Our country should draw on the specific experience of the two countries and define public figure's tolerance obligation.In order to solve the problems in our country's legislative and judicial practice,we should draw lessons from the experience and lessons of the United States and Germany,combine with the concrete practice of our country,define public figure's tolerance obligation through legislation,take the personality right law as an independent part,and make a clear definition of public figure's tolerance obligations.When defining public figures,the public figures and figures should be distinguished by the size of popularity,and the public figures should be expressed in a summary and enumerated way.The limits of the tolerance of public figures should follow the principles of prohibiting violating compulsory law,public order and good customs?maintaining public interests?protecting the minimum personality rights of public figures,and different types of public figures to bear different obligations of tolerance.Introducing the actual malice rule of the United States and remaking it,clearly stipulates different kinds of public personas bear different obligations of tolerance.