Research On The Restriction Of Tort Protection Of Legal Person's Right Of Reputation

Compared with natural person,legal person reputation is more closely related to freedom of speech and public opinion supervision.The right to reputation of a legal person is a legal person's personality right clearly defined in the General Principles of Civil Law of China,although scholars have different views on whether a legal person has the right to reputation.However,this article is based on the premise that China ' s legislation recognizes that legal persons have the right to reputation,research on the Limitation of Infringement Protection of Legal Person's Reputation Right.Diverse types of legal persons,different types of legal person's purposes and undertakings receive different public attention and impact on the public.When the public expresses their opinions on the relevant acts of legal person,the two legal interests of legal person's reputation and the public's freedom of expression will conflict in varying degrees.At this time,how to restrict the protection of the legal person's right of reputation and balance the interests of reputation and freedom of expression is urgently needed.From the nature of legal person,we can see that legal person has no field of life,and its behavior is often concerned about public matters.However,the provisions of the Tort Liability Law of our country pay attention to the protection of the right of reputation of legal persons,not to the particularity of the right of reputation of legal persons,and not to the balance of the interests of reputation and freedom of expression.In this paper,through studying the current situation of the restriction on the protection of legal person's right to reputation infringement in China,and combining with the provisions of foreign laws,the author makes a thorough analysis of the restriction on the protection of legal person's right to reputation infringement by using the methods of analytical research,comparative research,judicial case experience research and so on.It mainly includes the following aspects: first of all,it summarizes the legislative provisions and judicial practice of protecting the reputation of legal persons in China.Onthis basis,further analysis of the shortcomings of the infringement protection limit of corporate reputation in China.Secondly,it studies the regulations on the protection of infringement of the reputation of legal persons in the civil law system and common law law.I believe that China ' s legal person reputation right infringement protection restrictions provide reference,Then it demonstrates the justification of restricting the infringement protection of corporate reputations,that is,jurisprudentially explains why it is justified to limit the protection of corporate reputations.Finally,on the basis of the above analysis,it provides suggestions for the improvement of the infringement protection limit of corporate reputation in China.It is hoped that this paper will be helpful to the research on the restriction of the tort of the legal person's reputation right and the balance between the legal person's reputation and the public's freedom of expression.