Theory Of Restrictions On Legal Person Reputation Infringement

In recent years,with the development of the Internet and mobile communication technology,and the clear expression of the channel,as a result of criticism as a legal person,Legal person reputation disputes occur frequently at the same time.Consumers charges as a legal person for it is not reasonable to solve the quality problems of products and services,the news media reports on the social hot issues about the legal person,people have supervision and criticism toward civil authority,these expression of normal behavior often leads to relevant legal citing infringement prosecution,and some cases such as "the HengSheng v Wang Hong","Peking University v Heng-fu Zou" is controversial.Legal person often resort to legal action for interest expression and supervision by public opinion,reputation shall be limited to legal persons.Current law and theory research in China,however,pay less attention to Legal person reputation,even if some discussion,the study also mainly concentrated in the Legal person personality right and the news media abuse Legal person reputation,etc.,targeted to the Legal person reputation of limit and the concrete measures of research is lack.In the infringement problems such as ground components of Legal person reputation and the relief on the cognizance,judicial interpretation has not will make a distinguish between Legal person reputation and the natural person reputation,without considering the particularity of Legal person reputation,also lack the unification of the operational standards and regulations.As a legal person and natural person has different properties,Legal person reputation is closely related to property rights,and have important influence to public interests,the protection of Legal person reputation tend to be involved and the social public and the news media and other social subject to freedom of expression and supervision by public opinion on the right to exercise the conflict.Therefore,Legal person reputation can't reap the same protection with the natural person reputation,and should be based on the characteristics of Legal person reputation to limit its infringement constitute,research on this issue is of great significance.Article will be divided into five parts,the first part is mainly about Legal person reputation infringement constitute on the limits of the selected topic background and reviewing the existing research,to introduce this paper to study the problem.The second part introduces the theory of Legal person reputation the nature of the dispute,and Legal person reputation in the judicial practice.The problems of our country at present on the definition of Legal person reputation and protection,have no distinction between the natural person reputations,Legal person reputation for restrictions have theoretical and practical needs.The third part of the paper expounds the theoretical basis of Legal person reputation to limit,mainly from the particularity of Legal person reputation,the essence of the principle of equality and interest measure under the perspective of public interest protection needs three aspects,to prove the legitimacy of restriction on Legal person reputation.The fourth part introduced the foreign relevant provisions on the Legal person reputation restrictions,mainly including the provisions of the British libel laws 2013,the United States "public character" theory and the related provisions of the German civil law,this is about the reference in the construction of Legal person reputation limitto our country.The fifth part puts forward to construct concrete measures of Legal person reputation infringement constitute restrictions in our country,trying to distinguish between the Angle of legal types of different types of Legal person reputation put forward the corresponding limit.For our country law about violations of the Legal person reputation of the constitutive requirements,exemption reason is too simple,and there is no available for operation of standard in the judicial practice problems,this Article analyze the Legal person reputation infringement constitutes limit specific measures,including restrictions on injury determination,perfect the public interest and the way of limited liability justifications.Conclusion part of this article studies the subject and core ideas enhancement,and hope to be able to provide Legal person reputation infringement of limiting research some useful reference.