A Case Study On The Infringement Of Reputation Right By A University V.Zou

The development of Internet brings convenience to people' s life,and also brings challenges to the protection of reputation right.It has been a frequent occurrence in the court of the legal person and blogger due to the improper freedom of speech.It is very important to correctly identify the constitutive elements of defamation cases on the Internet,as well as the protection of reputation right and freedom of speech.The case of a university.lawsuit against zou has aroused a strong reaction on the Internet.The case mainly involves three controversial issues,namely whether the university is the plaintiff in this case.Whether the defendant's comments on microblog infringe on the plaintiff's right of reputation;If infringement of reputation right,how to assume tort liability.First of all,The civil procedure law of the People's Republic of China stipulates that the plaintiff is a citizen,legal person.and other organization that has a direct interest in the case.Between the university and the teachers and students is a closely linked to the interests of the community,the external evaluation of the university President,vice President of the nature and the university has a direct stake,and the university as part of the institution legal person,of course,belongs to the eligibility of the plaintiff to the case.Secondly,to analyze whether an act constitutes an infringement of reputation should be based on the four components of the tort.MR Zou has subjective fault,in its microblog fabricated spreading false facts,the implementation of the infringement of the plaintiff's reputation harm behavior,cause the reduce the plaintiff social evaluation of the adverse consequences,its harm behavior and injury consequence is caused and be caused by causality and there is no overriding reason,therefore its' behavior constituted the plaintiff's reputation.Lastly,The Law of the People's Republic of China on tort liability stipulates the mode of non-property responsibility and the means of financial responsibility.The main application of the responsibility is to stop the infringement,eliminate the impact,restore the reputation,the apology.