Research On The Application Of Behavior Preservation System In Disputes Over The Right To Reputation On The Internet

With the rapid development of the Internet,the number of reputation infringement disputes in the network environment has increased rapidly.Online reputation disputes not only involve multiple subjects and diversified methods of infringement,but also have the rapid spread of infringement information and a wide range of influence.These factors can easily lead to unpredictable and irreparable damage to the infringed.Relief after the event can make up for part of the damage,but network reputation rights also require preventive protection.The behavior preservation system can provide temporary relief measures,has both prevention and relief functions,and matches the needs of network reputation disputes.It can effectively block the spread of adverse effects caused by infringement,and minimize the impact of the infringed damage.Judging from the current judicial status of the behavior preservation system for online reputation disputes,the application rate of behavior preservation is low,the applicable rules are extremely inconsistent.Specifically,there are the following four problems:Firstly,the starting conditions are not clear.The current law does not stipulate the application method for behavior preservation,and it is even more difficult for anonymous Internet users to apply for behavior preservation.It is also worth discussing whether the provision of guarantees can have a reinforcing effect when applying for behavior preservation.Secondly,the applicable conditions are too broad.The prelitigation behavior preservation and pre-litigation behavior preservation requirements are too general,which is not conducive to the applicant to provide preliminary evidence,nor is it conducive to the court's use of uniform standards for review.The third is the inconsistent review rules.The current review standards and review methods lack uniform rules,and behavior preservation cannot play a role in blocking infringements in a timely manner in the face of online reputation disputes.The fourth is improper preservation.Most of the online reputation disputes that take actions to preserve do not protect the debate between the parties and ignore the legitimate interests of the respondent,making the preservation measures excessive.Moreover,the content published by Internet users may also be exercising the right of public opinion supervision,but the preservation measures have failed to balance the conflict between personal reputation and freedom of speech and public opinion supervision.In order to solve the current urgent problem of protecting reputation rights,the application of the behavior preservation system should be expanded in network reputation rights disputes.This article examines the Anglo-American law system's prohibition order system and the civil law system's false sanction system,and proposes the following suggestions for improvement: The first is to clarify the starting conditions.It is clear that the parties need to bear a certain burden of proof and submit preliminary evidence,but the guarantee cannot be used as a substitute condition for initiating behavior preservation.At the same time,the network platform should be included in the scope of the respondent.The second is to clarify the applicable conditions.It can be summarized as two requirements with reference to the provisions of the personality right prohibition.Third,unify the review rules and establish the "relative substantive review" standard.The review method is mainly written review,and it is flexible to choose whether to organize a hearing or not based on the specific case.The fourth is that the preservation measures must comply with the principle of proportionality and take into account the interests of both parties and the public interest.Fifth,we should understand the role of guarantees correctly,and the discretionary discretion on the amount of guarantees should be reasonable.Through the above-mentioned efforts,it is hoped that the application rate of behavior preservation in network reputation disputes can be improved,and the preventive protection of network reputation rights can be improved.