Study On The Right To Reputation Of The Public Figure

"Public figure"concept comes from the sixties of the twentieth century of the United States, New York Times Co. v. Sullivan. It resulted the resulting far-reaching effects on future generations Sullivan rule - the principle of actual malice, that is because public officials involved in the conduct of public affairs in occurrence of defamation proceedings, the defendant must prove actual malice in defamation have that"knowing false statement, regardless of whether it is false or hastily."The birth of the principle that the importance of freedom of expression in order to empower people to enjoy, under certain conditions the implementation of defamation of public figures constitutional privilege, it's ultimate goal is to balance freedom of speech and the reputation of public figures conflict of interest. From the Root of it can also see public figures and ordinary civil subject of differences, so the reputation of the two differences exist protection of the right. The reputation of public figures need to be limited, public figures must tolerate the necessary obligations. This article is divided into three parts.The first part of the reputation of public figures and public figures in the definition of reputationThis section focuses on the source and the definition of public figures, with the general reputation of the civil right of the main draw and then compared with the general reputation of public figures the difference between civil subjects.I believes that reputation of public figures to discuss the premise is to figure out the source of public figures and the definition of the problem."Public figure"concept comes from the sixties of the twentieth century the United States. Public officials, New York Times reports on the civil rights movement to sue the newspaper that described the contents of his evil will make people produce bad negative impression against his reputation. Two sentences are losing newspaper. Final appeal to the Supreme Court, taking into account the present case involves two very important issues, namely, the problem of public officials, public opinion, the second is for the public's freedom of expression, the final decision in favor of the New York Times. This resulted in the decision an important principle - the principle of actual malice, that is for the public officials involved in the conduct of public affairs arising from defamation lawsuits for defamation can not easily sue and demand monetary compensation, to prove defamation when the defendant has"actual malice", that is, knowing that their words and false, regardless of whether it is false, or rashly. 1967 Curtis Publishing Company v. Butts case, the principle of actual malice extended to public figures. After a series of cases of this and the concept of forming public figures, from its formation to analyze public figures from it since its birth and public interests, public affairs and public opinion, freedom of speech, public order and other public areas inseparable. For public figures to better understand the classification of different types of public figures, the scope of protection of different reputation. Reputation on the characteristics of public figures, I think that reputation is a civil right civil law enjoyed by the main access and maintain its reputation for objective and fair assessment of a personality right. It is a matter of human dignity, that people value the basic rights of legal value. Reputation of public figures and ordinary people's reputation in the feature difference is the main reputation is a public figure, because as a public office or acquired because of its broad powers a wide range of social awareness and make public figures and social interests related, or even constitute an important part of the public interest.Infringement on reputation is mainly related to the freedom of the freedom of speech issue, because the two different forms of rights lead to conflict, so the reputation of public figures to exercise the right to a certain extent, be subject to restrictions. Reputation of public figures for the exercise of the right to a certain extent, be subject to restrictions, such restrictions on the one hand from the State's public interest, on the other hand from the conflict with the other fundamental rights such as freedom of speech.The second part of the reputation of public figures restrictionsThis section focuses on the restrictions reputation of public figures because, from the category of public figures and public officials to discuss the classification of the public both in the definition, limiting reasons, restrictions on principle, limit the content of the different. I believe that public figures for the maintenance of public interest, and reasonable interest to meet, by the news media the balance of power and reputation, the public right to know the protection of rights and obligations that several aspects of reputation caused by limited."Public figure"concept with the public interest generated on the inseparable, the public interest is recognized as the basic principles of the world, well-known public figure because of its broad, far-reaching social influence, moral demonstration power, social values of the leading. So it is the primary cause of public interest, and naturally derived from the public right to know. Public opinion is a sign of civilization, it is reasonable and adequately protect the citizens can express their views, and the phenomenon of irrational criticism of illegal a powerful weapon. It is to maintain normal operation of the booster society, the social role of public figures the nature of public interest related to the supervision of public opinion must be the focus of direction. For the non-official public figures there is a reasonable interest on the satisfaction of the production of such public figures as well as the nature of social roles are derived from the public interest. Rights and obligations from the perspective of public figures from his more than ordinary people as the social resources and interests, then public figures because of their duties or in the cause of public interest factors which make limited reputation.Public officials and the public by resulting in different ways, the role of different effects on society, making the limits reputation is not the same. Have public power for public officials, public policy has a huge impact on the public, so the national political life and public interests related to some of the natural circumstances such as personal, individual ability and quality, etc. It should be restricted. The public interest and for reasonable public benefit, in their profession and public interests related in part to limited.The third part of our reputation of public figures on the tort of the Vacancy and PerfectionThis section focuses on the development of public figures in our state, our country level, whether the relevant provisions of the legislation, what needs to be improved. I believes that the principle of limited reputation of public figures in our country only from the judicial level, and judicial precedents produced, the legislative level of recognition needed to better coordinate the reputation of public figures conflict with the freedom of speech. At the legislative level we should need to improve public People Elements reputation infringement, and defense reasons. This part of the last twenty years from the infringement of public figure defamation cases to find the footprints of public figures. Public officials and public figures are voluntary type come from the case.However, because China is not the case-law countries, public figures have not been recognized in legislation. Judicial power alone is not enough to successfully promote the principles of public figures, limited the development of reputation, so that co-occur in different sub-phenomenon and the corresponding law to this area of research is still seriously lagging behind. It was expected to be included in Personality Right, but was eventually abandoned mercilessly, It is not conducive to freedom of expression and the reputation of the equity, so urgently needed legal recognition, legal level to distinguish between public figures and ordinary civil entities, public figures in the legitimate news commentary obligations should be tolerated.Reputation of public figures on the composition of elements of tort liability, the subjective aspects of human behavior take into account the current situation in China is to fault for the subjective element. In respect of violations are going to draw the bottom line, that is, beyond the private press Result in damage should draw in the jurisprudence of the more successful way to really explore whether tort cause some damage to the result, not the mere existence of violations. Tort Liability Defenses have the public interest, news correct, right agree that public places, minor damage, and good fair comment defense.The conclusion of the article, I discussed briefly about the right of reputation of public figure. I make recommendations with a view to protect the public interest, to meet the public's right to know and play the greatest role of freedom of expression to achieve the best balance of public opinion state.