Public Figures Theory Application In The Judicial Protection Of China's Reputation Right

With regard to public figures reputation protection theme,our country's law has no special comments or restrictions and not even has the concept about it,it just exists in the theory.As the scholars actively citing and positive response by judicial workers,public figure theory not only recognized in our country law theoretical level,also have been used in our country's judicial decisions.From year 2002,when reputation dispute between Fan Zhiyi and Wenhui-Xinmin United Press Group to the relatively case,between LAN and Beijing micro dream and network technology Co.LTD.and Wang Zhian reputation dispute and so on,all of above has indicated the judicial practice in our country has accepted and adapted to public figures theory to a certain extent and has admitted to make some limits to protect the reputation of public figures.The writer thinks,public figures theory of should apply in the judicial practice in our country,because the value of public figures theory has its positive significance.This article will combine the judge view in the judicial practice of our country,from the concept and definition,toleration and obligations as well as actual malice principle of public figures to discuss this theory.In this paper,the introduction part briefly introduces public figures theory current situation and existing problems in the academic circles and the judicial practice in our country,and puts forward the author's attitude toward the present situation and problem: can't deny the value of the theory value when the problems occur,and we should perfect and apply the theory reasonably.The first part of this paper describes the application of public figures theory in the judicial practice of our country.Separately described the Fan Zhiyi case,the first application of public figures theory in the judicial practice of our country.After that,the typical cases of using this theory is the civil lawsuit of Cui Yongyuan reputation dispute,then lists other typical cases which public figures theory explicitly applied in the judgment,in order to show the recognition and application of public figures theory in our country judicial practice.In this paper,the second part describes the concept of public figures of public figures theory.Through separate describe the Chinese scholars discussion on the concept and scope definition of public figures and judicial decisions about this problem to clarify the standard of public figures.In this paper,the third part describes the tolerance obligation of public figures in public figures theory.Also introduces the academic point of view and judicial decisions to this problem,through the induction of judicial judge summed up the reason why public figure have the tolerance obligation,scope and extent of tolerance obligation.In this paper,the fourth part describes the actual malice principle in public figures theory,introduces ideas about the theory and application in our country academic circles and judicial decisions.We see the deficiency of actual malice principle and also affirm the value of actual malice principle meaning and apply the principle of actual malice carefully.In this paper,the fifth part summarizes the concept of public figures in public figures theory,tolerance obligations and actual malice principle of public figures.Also indicate our country law should not discriminate against public figures theory,while should be through the judicial practice trial and error,to find and fix problems,made the theory more perfect,to provide reference for public figures theory to be written in legal documents.