On The Restrictive Protection Of Public Person's Right To Reputation

As early as the 1960 s,the United States put forward the theory of public figures and the principles of dealing with related issues,that is,the principle of actual malice,and China first mentioned public figures in the handling of Fan Zhiyi's case in 2002.With the increasing number of cases related to public figures' right of reputation,three cases related to public figures' right of reputation in judicial practice have been sorted out,and some problems have been found in practice,namely,how to define public figures,how to judge whether acts are "malicious",which specific laws are invoked for restrictive protection,whether it is reasonable to apply existing provisions to compensate public figures,and whether ordinary citizens are under restrictive protection In case of abuse.The research and treatment of these problems in this paper is helpful to the progress of law making and judicial practice in our country.This paper is divided into five parts:The first part is about the three cases in our country's judicial practice,through the case combing,roughly discusses the existing public figures right of reputation in the relevant aspects of the problems.The second part discusses related concepts.A public figure is a person who,actively or passively,is widely known and concerned by the public at large for a considerable period of time because of his positive or negative speech acts which are closely related to the public interest.In order to define the characters with this special status,they are divided into power-type and non-power-type public figures,and non-power-type public figures are subdivided into active and non-active public figures The public figures are divided into complete and incomplete public figures.The third part discusses the reasons for its restriction.There are not only theoretical reasons but also the necessity of restricting the rights of persons with this status.The fourth part is to the first part of some issues raised in detail.Through the study of relevant literature and cases in practice,we know that the right of reputation of a person with this special identity still has unclear definition in the aspectof limitation,difficulty in judging "actual malice ",and restriction from the perspective of civil law The problems of inadequate protection regulations,the generalization of existing compensation standards under restrictive protection and the abuse of rights by ordinary citizens under restrictive protection.The fifth part is through the analysis of the existing problems,put forward some perfect suggestions.In order to solve these problems,the article adopts the principle of "actual malice" adopted abroad in restricting the right of public figures to reputation.Legislative requirements for the inclusion of public figures in the scope of the law make them a legal concept,incorporating restrictions on protection into the law protection have been incorporated into the law,together with limiting the limits of protection.In the judicial aspect,it is proposed to carry out the restriction protection of public figure typology and to perfect property and spirit Compensation for damages,taking into account the limitations of the right to reputation of minors with this special status and of deceased persons with this status.In order to prevent ordinary citizens from abusing the restriction protection,this paper also puts forward the limited network real name system to counter-restriction.Through the research to enrich the relevant theories in the field of civil law,the judicial practice to correctly deal with public figures right of reputation disputes to make certain guidance.