The Conflict Between Supervision Of Public Opinion And Government Official Right Of Reputation And The Law Solutions

The supervision of public opinion mainly refers to the behavior that the public make use of the mass media to expose, to criticize the business which has something to do with the State Agency, the state personals and the public figures and to propose the suggestion. Public opinion's supervising mechanism may urge the people with the public authority to act correctly stop them abusing the power and achieve the goal of the surveillance and the restriction. The supervision of public opinion has various value orientations compared with the government official right of reputation, which causes some conflict. In recent years because of the supervision of public opinion and the news report, the lawsuits about the right of reputation have been increasing day by day, and the problem of relationship between the supervision of public opinion and government official's right of reputation has become a focus that many people care about. This article takes "the Sifeng's Police go to the capital to arrest the reporter" as an example and discusses present situation of the protection and the solution of the conflict.The first chapter reviews "the Sifeng's Police in Liaoning go to the capital to arrest the reporter" and announces the existence of problem. In the reality there is a serious conflict between the supervision of public opinion and the government official's right of reputation. The urgent problem that needs to be solved is how to balance the conflict between them.The second chapter starts with discussion on the validity of the supervision of public opinion and the right of reputation, and carries on the analysis about the conflict predicament.The third chapter introduces "the New York Times Co's. Sullivan" that was a famous judicial precedent in the United States. The principle of actual malice and the allotment system of the onus profaned in the famous judicial precedent give us a good example and help us deal with the similar problem in China.The fourth chapter discusses the validity about us protecting the supervision of public opinion and us restricting government official's right of reputation in China. The fifth chapter proposes the law solutions to solve the conflict between the supervision of public opinion and the government official's right of reputation in China. The law solutions are as follows: special rules should be established to safeguard the news supervision of opinion; the principle of actual malice should be established ;the allotment system of the onus profaned in the lawsuit should be changed when government officials think that the supervision of public opinion has infringed their right of reputation; the 246th article of "Criminal law" in our country should be stipulated explicitly; part of the jurisdiction system about the trial places of some cases need appropriate readjustment. After we carry on this innovation on the systems, perhaps we can balance the conflict between the supervision of public opinion and the government official's right of reputation in our country.