Research On The Problem Of Reputation Right Infringement Under The Network Environment

The rapid development of Internet in the information age has brought information network into every aspect of our life.It has completely changed the way of social interaction.Information network is bringing convenience to people's lives.Meanwhile,the phenomenon of using Internet to infringe on other's civil rights and interests is also increasing.Although the network belongs to the virtual space,it does not mean that the network is the place of law,and the behavior of citizens or organizations on the network should be regulated by the law.The tort liability act of People's Republic of China has made relevant provisions on internet infringement,and further promoted the process of legislation of reputation right infringement under the network environment in China.However,the legal provisions are only the principle of solving the problem of tort in the network environment,and lack of operability in judicial practice.This paper,based on the infringement of the right of reputation in the network environment,discusses the related problems of the infringement of the right of reputation under the network environment.In the first part of this paper,the real case of the infringement of the right of reputation of the network is quoted,and the legal problems of the infringement of reputation right under the network environment are analyzed from the case.The second part introduces the concept of reputation right and the right of reputation under the network environment,and sorts out several common ways of reputation right infringement,and analyzes the difference between reputation right infringement and traditional reputation right infringement.The third part discusses the principle of imputation and the elements of the infringement of the right of reputation under the network environment.According to the existing laws and regulations,the liability subjects of the infringement of reputation right and the application of the imputation principles of different subjects are expounded respectively.Based on the theory of tort liability,the constituent elements of the reputation right infringement under the network environment are analyzed.The fourth part,according to the different subject of responsibility,discuss the form of responsibility,the way of relief and the cause of disclaimer.The fifth part introduces the status quo of the regulation of Internet reputation right infringement in several typical countries abroad,and comments on it.Then,it introduces the current regulation status of Internet reputation right infringement in China,and puts forward the existing problems and shortcomings.The sixth part,aiming at the problems of the reputation right infringement regulation under the current network environment in China,and based on the successful experience of foreign countries,puts forward some suggestions,hoping to help solve the existing problems and shortcomings.