The Influence Of The Rules Of Public Figures On The Judicial Practice Of Personality Rights Disputes In Our Country

The rules for public figures are derived from US jurisprudence.They are legal provisions that balance the conflict between the personal rights of public figures and freedom of speech.It emphasized the need for public figures to prove the defendant’s words and deeds are out of "actual malice",otherwise,its reputation right needs to be compromised for public interests such as public opinion supervision and free speech.This rule has a certain impact on the laws of many countries,and its core ideas are also reflected in the judicial practice of many countries.The concept of "public figures" first appeared in China’s judicial practice was in the case of Fan Zhiyi in 2002.During this time,scholars have constantly discussed whether the rules of public figures can be introduced into China’s judicial system,and are also studying the impact of the rules of public figures on our judicial practice.Existing research shows that it is difficult to integrate the rules of public figures into the legal system of China as a whole,but its core idea of restricting the personality rights of public figures has been recognized by academia and also obtained in judicial practice.This article collects the cases of disputes over the personality rights of public figures in recent years,starting with the four elements of “public figure identity”,“public interest”,“actual malicious principle”,and “duty of proper tolerance”,systematically analyzes The impact of judicial practice on personality rights disputes in China,and makes a specific analysis of typical cases that draw on the rules of public figures.Then this article discusses the future of the rules of public figures in the judicial practice of the disputes of personality rights in China through the hidden reference to the rules of public figures that appeared in the draft of our Civil Code.At present,the rules of public figures have had a practical impact on the judgment of cases of personality rights disputes of public figures in China.This influence is not only reflected in the expression of the core ideas of the rules of public figures,but also the reference to the requirements of the rules of public figures also affects the case judgment.The reference to the rules of public figures in the draft Civil Code also shows that the demand for public figures in the judicial system of our country is real.It may only be a matter of time before the legal system in our country breeds the rules of public figures suitable for the status quo of China ’s justice.