Discussion About The Reference Role Of The Principle Of Public Order And Good Customs In Reputation Right Infringement From The Case Of Wang Fei

In recent years, due to the rapid development of network communication media, reputation right infringement cases has been increasing.Individuals have the right to freedom of expression,however,public awareness of something in particular is a violation of moral evaluation has often been a matter of honor right infringement litigation?In practice,due to the different judge,the ruling results of reputation right infringement cases is various,legal basis also different.In general, the judge's decision in such cases did not reflect the proper position and bias:some cases that do not constitute reputation right infringement treat as the infringement cases, this suppresses the right of public opinion as one of the ways to the role of moral norms,contributing to unhealthy practices. some cases may constitute an infringement of privacy or other rights are also convicted of infringing the reputation right. public order and good principles in such cases does not play the role of moral evaluation to play.In order to having a deeper understanding of the problems in such reputation right infringement cases,the writer lists Wang Fei reputation right infringement case as an example,talking about the existence of the dispute, identifing the focuses,using and integrating knowledge of the relevant sociological and legal aspects of the theory, putting forward a qualitative understanding and the reference of such cases. Article includes the following three parts:The first chapter describes the case of Wang Fei reputation right infringement case and the focuses of the case,discussing several legal issues caused by the case: do such public evaluations about the matter of breach of ethics or providing an exchange platform for the evaluations constitute infringement? As infringing the reputation right,how to protect individual's freedom of speech?how can we realize the role of moral adjustment in such cases? Although the principle of public order and good customs can not prevail, but not to give up on the floor as the behavior of the evaluation?The second chapter combine with Wang Fei reputation right infringement case to explore the related issues that first chapter involved in. How to define reputation right, the infringement and the freedom of expression? how to balance the moral adjustment and the protection of the law?The third chapter talk about the thoughts of such cases.One is the reputation that should be protected,but should not go too far,to suppress public opinion; The other is to play the role of the principle of public order and good customs in such cases, a reference role that ensures the proper public statements from legal action in order to promote realization of the purpose of self-conscience to be condemned.