Research On The Legal Problems Of The Reputation Infringement In Micro-blog

The emergence and development of micro-blog has provided us a broader platform for free speech,where we can spread information anytime in anyplace.With the increasing number of users,as well as the entering of the media,enterprises,government departments,micro-blog users become more and more diversified.Due to netizens' different qualities and the lack of their legal consciousness,many of them have made micro-blog as a venting bin.Various events such as " Fang-Han micro-blog war,Huang Yiqing's micro-blog privacy,and corgi dog's justice in micro-blog" emerge in endlessly.However,micro-blog is not the place for venting and solving personal grudge.The fragmentation and simplicity of micro-blog language make it impossible to restore the truth completely.Netizens generally maintains subjective emotions will breed network violence easily.In order to better manage micro-blog environment,people need to perfect laws and regulations,and improve the regulation effect of law on micro-blog users' behavior.The corresponding law to regulate the tort of micro-blog has not been formulated in China.The legislation for regulating the infringement of the reputation in micro-blog is mainly embodied in the Clause 36 of Tort Liability Law.At present,the network tort law is too general and lack of specific rules.The obligation of network service providers for deleting rules is not specific enough,which is also short of micro-blog infringement damage compensation standards and the provisions of the justifications.In practice,the micro-blog reputation infringement cases showed a trend of rising,for example micro-blog "wars" between Cui Yongyuan and Fang Zhouzi.The problems existing in micro-blog reputation infringement law result the lack of specific operation guide,more discretion,and not conducive to judicial unification for a judge.Therefore,for the problems existing in the legal,the clear behavior guidance should be provided firstly to the micro-blog service providers' information of deleting obligation,then the damage compensation standard should be determined according to the characteristics of micro-blog.Finally,the special defence of micro-blog reputation infringement should be finally cleared.