A Study On The Tolerance Obligation Of Public Figures When Their Reputation Is Infringed

The tolerance obligation of public figures is similar to other obligations,which is a kind of legal constraint,specifically expressed as that the right holder,due to the particularity of his identity,gives up the defense based on his own rights,and has to make tolerance and concessions under certain circumstancesPublic figure itself is a vague concept,and the definition of the term and its tolerance obligation has been widely debated in the academic community.And because our country still has the imperfect place in the legislation level,regarding the public figure reputation and so on personality right domain tolerance obligation has not formed the unified legislation principle and the standard.Although the judicial practice gradually accepts and adopts,the court still adopts the principle of too cautious,the cases with the tolerance obligation as the main judgment basis are still few,and the judge can only follow the subjective judgment,the discretion is too large,easy to appear”the same case in different places" embarrassing phenomenon.This paper aims to study our country public figures reputation infringement tolerance obligation system in legislation and practice existing in the use of blank and the insufficiency,through the analysis of a large number of judicial cases,on the use of the domestic public figures tolerance obligation for statistical data,combining with its national conditions,actively know from foreign advanced theory,in order to improve the system of the obligation of public figures to tolerate provisions,gradually promoting legal construction of public figures tolerance obligation system provides some personal ideas.This paper is divided into four parts from the discovery of problems,the embedding of theories to the proposal of countermeasuresThe first part of is an introduction,mainly introduces the significance of the topic selection and research background of the current public figures' tolerance obligation.Through the analysis of the research status at home and abroad,to find their own article positioning and innovation,to provide theoretical support and preparation for the writing of the following article.The second part starts with the concept and academic classification of public figures,which analyzes the characteristics of public figures' reputation right and the main difference between its and private figures' reputation protection,and then analyzes the necessity of bearing the obligation of tolerance when public figures' reputation is infringedThe third part,which analyzes the characteristics and deficiencies of China's judicial practice in the application of the system of tolerance of public figures by combing and summarizing the current situation.That lays a solid foundation for the construction and improvement of the system of tolerance of public figuresThe fourth part based on the previous part of the research and put forward to their own personal views and reasonable suggestions.This paper mainly defines the tolerance obligation of public figures in China's legislation and practice,and analyzes the applicable scope of different types of tolerance obligation of public figures,so as to realize the value measurement of reputation protection and other interest conflicts of public figures.In addition,the author elaborates on the special groups of public figures(minor public figures,heroes and martyrs)and the reputation protection of public figures after their death,which reflects that the weakened protection of public figures' reputation right is not to be generalized,so as to improve the theoretical application of public figures.Finally,aiming at the blank area of legislation,this paper puts forward some suggestions and Suggestions on perfecting the legal system of tolerance obligation when public figures' reputation is infringed.