| "People's Republic of Tort Law"has been passed on December 26,2009, and in July 1,2010 come into force. Implementation of the Act has greatly promoted the improvement of the process of the civil legal system.Human rights become a global hot topic in the larger environment, the introduction of this law is nothing short of the civil rights of another new milestone on the road, marking the civil subject's legitimate interests from the system further be regulated and protected. But the new "Tort Liability Act, "have less relevant provisions, the majority of defamation lawsuits are still only applies to "Civil Law" and relevant judicial interpretations, from a legal construction within the system as a whole,this can be seen the missing for application.However, in real life, the frequent cases of defamation, along with more frequent social interaction is more gradual upward trend. Synchronous development of law and society, and the frequent emergence of new reputation infringement disputes, so we had to re-examinet them, to ensure the maintenance of the right of the reputation while not infringe other people's reputation of legitimate rights and interests, so, Regarding the defamation either from the theoretical improvement on the system or Judicial practice practic,it needed to be explored and applied research. The identification of the subject in defamation case is the first problem to face and solve for the process of discussion and research to maintain our reputation. Based on the study, comparing nations(regions) phase theory, from the different angles, about legislation and judicial practice, analyzed the main problems and shortcomings for the main system of identification of main claim in defamation case in china. Proposed number of recommendations for Improvement of the identification of the main claim in defamation case, in order to promote further China's civil law system complete the establishment of democracy and the rule of law。This paper claims defamation case, identified the main issue, is divided into four partsare discussed:In the first chapter, the author from a macro point of view, first introduced the defamation case, the basic claim of the main concepts and theories Kernel, that is,claims defamation case, the main damage is suffered in the reputation, the ability to advocate on behalf of their own reputation and reputation of the proceedings in suchnatural and legal persons, in short, the reputation of the plaintiff in the lawsuit. Then, this chapter finds reputation at home and abroad infringement cases related to claims of the main status of the theory and judicial practice are discussed and compared. Finally, through the Anglo-American countries such as defamation cases, the identification of the main claim of judicial practice and theory of induction, combined with our existing legislation and judicial practice analysis, to extract the relative edge of the defamation case, the main claim Identification of the law related systems that improve our services.Second and third part is the focus of this article. I will honor the micro perspective of the main claim infringement case will be divided into defamation case against the objectagainst the object-specific and two types of non-specific and, accordingly, in the aboveHow to identify both the specific circumstances in cases of defamation claims subject to elaborate, for the difficulties encountered with innovative solutions. Long words, thesecond chapter, that is a crime against a particular time, be further subdivided into a specific case of natural persons as defamation claims and state agencies identified the subject as a defamation case in which the status of the main claim. Among them, in the case of natural persons as defamation claims identified in the subject, focusing on the point when no clear case for defamation claims Entity, to be divided in full no clear direction, oblique accusations and innuendo and other circumstances, No clear point toall aspects of the case when the defamation claim was the subject identified a wide range of comprehensive exposition. The third part from the perspective of the second part of the relatively non-specific time of the crime against a defamation case in the main claim for a list of identified and discussed, and the need to adjust its legislation and identify the specific rules to be added. When the object is not specified in the infringement, defamation case, how to define the main claim, in essence, a tort action in the group how to determine the reputation of the plaintiff identity. Through a combination of group size and defamatory statements and actions that affect the extent to which specific judgments defamation case, the main claim.The last part of the conclusion part of this chapter, it undertakes on the basis of the foregoing, the main view of the current reputation of the problems to be addressed, in summarizing the contents of the first three chapters, spiraling up from the theoretical to the practical application.By re-examine the relevant domestic and foreign claims defamation case, the main identified status of the theory and practice, for the specific application of the law in judicial practice gaps, from the legislative level, a reasonable suggestion that the legislation in our country the present situation of Improvement of the defamation case, identification of measures for the main claim. This chapter focuses on the legislative and judicial practice in terms of theories advanced about defamation case law claims to be the main draw on the identification, absorpting and to serve the legislative stage theory of innovation. |
