Research On The Infringement Of The Right Of Reputation On The Internet In China

With the rapid development of Internet Science and technology,it has brought great convenience to people's life,but also caused some new social legal problems,one of which is the infringement of network reputation.In recent years,the network reputation infringement problems emerge in endlessly,which not only seriously damages the legitimate rights and interests of the parties,but also hinders the healthy development of the network industry.The essence of network reputation right is the same as traditional reputation right,which belongs to the category of personality right.However,due to the particularity of network environment,network reputation right infringement is different from traditional reputation right infringement.Therefore,this paper attempts to study the problem of network reputation right infringement,and puts forward some suggestions to protect network reputation right,in order to solve the problem of network reputation right infringement.This paper takes the infringement of network reputation right as the research object,and elaborates and explores the relevant issues of network reputation right infringement from five parts:The first part expounds the network reputation right from its definition and characteristics.Starting from the traditional concept of reputation,this paper summarizes the relevant theories,leads to the concept of reputation right,and further puts forward the definition of network reputation right;then discusses the characteristics of network reputation right from the subject,object and content of network reputation right.The second part discusses the relevant theories of network reputation infringement,focusing on four aspects: the elements of network reputation infringement,the cognizance of network reputation infringement liability,the defenses of network reputation infringement and the ways of network reputation infringement liability.The third part analyzes some problems in the protection of network reputation right,focusing on the virtual complexity of the subject of network reputation right infringement,the vulnerability of infringement,the proliferation of infringement consequences and the lag of infringement legislation.The fourth part mainly introduces the experience of foreign countries in the legal regulation of reputation related legislation.Firstly,taking the United States,Britain,Germany and South Korea as examples,it analyzes and summarizes the legal regulation of reputation,and then expounds the Enlightenment of foreign reputation related legislation on the legal regulation of network reputation infringement in China.The fifth part focuses on the establishment and improvement of the protection system of network reputation infringement.The first is to improve the legislation of network reputation infringement in our country,which includes four aspects: recognizing the legal status of the virtual subject of the network,making clear the identification of the liability for infringement,increasing the liability for infringement and making clear the burden of proof for infringement;the second is to establish a network space supervision mechanism,such as the establishment of an independent specialized network supervision institution and the development of a supporting network supervision system;the last is to strengthen the function of network autonomy and Network moral construction.