Study Of Civil Law's Protection To The Reputation Right Of The Juristic Person

The scholar of the field of law were mainly expressing their opinion around the topic of the right of personality of the juristic person,the article mainly talk about the reputation right of the juristic person were hard to find.However,those issues related to the nature of the reputation right of the juristic person,the relation between the reputation right of the juristic person,the right of reputation of natural person and the right of goodwill,the distinction of the reputation right of the juristic person and their own employees,the question of whether the juristic person can seek the compensation for mental damages were caused wide discussion.Therefore,this article will discuss those question above to solve the theory problem,using the perspectives of the level of legislation and judicial practice discuss the protection system of the reputation right of the juristic person.In terms of the current legislation,although many judicial explanations related to the reputation right of the juristic person were issued by the Supreme Court of The People's Republic of China,but it vested excessive discretion to the judge,resulting unbalance in handling the problem of the rights confliction.So,how to make a balance between the reputation right of the juristic person and other rights is a question which need to be solved.From the perspective of current judicial practice,those defect problems of the protection system in defending the reputation right of the juristic person were increasingly apparent,the full compensation principle would easy to form the result of non-compensation for the loss of the reputation right of the juristic person.Besides,if the plaintiff showed no evidence to prove the pecuniary damages resulted by the reduction of the social assessment,the plaintiff would be given no compensation.Therefore,this article using the angle of the protection of civil law of the reputation right of the juristic person,trying to solve those problems above,seeking to build a reasonable system which applying to defend the reputation right of the juristic person.