Research On Legal Problems In Protection For Public Figures' Right Of Reputation

With the gradual increase in people's awareness of protecting their bodily rights, there has been a wide attention to cases concerning the right of reputation in our society, and public figures are especially involved. At the present stage in our country, the theoretical research and relevant legislations are relatively lagging behind, and public figure, as a special legal concept, is not involved in existing laws and regulations. This paper focuses on problems such as the right conflicts in protecting public figures'right of reputation from the angle of legal practice and therefore proposes some personal suggestions on constructing the legislative system regarding protection for public figures'right of reputation in our country, based on the analysis of the formation and development of public figures'right of reputation as well as its basic characteristics.Apart from the foreword, this paper includes four parts:Part I Introduction of reputation and right of reputation. This part gives a brief introduction of the concept and characteristics of reputation and right of reputation, and compares the right of reputation with similar bodily rights including right of fame, right of privacy and right of portrait.Part II Definition of public figures'right of reputation. This part discusses the formation and development of public figures and the basic knowledge of public figures in our country, and meanwhile illustrates the characteristics of public figures'right of reputation,involving the correlation with public interest, interests of the public and restriction by legal protection.Part III Right conflicts in protecting public figures'right of reputation. This part deals with the reasonable restrictions on public figures'right of reputation, and explains the reasons for conflict between protection for right of reputation and freedom of speech from three aspects: conflict of rights between public figures'right of reputation and freedom of speech, their correlation and legal defects.Part IV Legislative construction of protection for public figures'right of reputation. This part dissertates the construction element and the excuse of pleading in infringement of public figures'right of reputation and sets forth five legislativesuggestions on perfecting the protection for public figures'right of reputation: first, explicitly introduce the concept of public figures; second, formally stipulate the privacy system; third, work out the Press Law or draw up related legal articles; fourth, set up the punitive compensation system for damage; fifth, introduce Actual Malice.