The Right Of Reputation And Its Protection And Limitations

Reputation is the objective social appreciation to the specific main body, whose criterion is changing with the different time, places and nations. The right of reputation is the protected personal right which is enjoyed by the people and artificial person. It is legal, specific, absolute, non-financial, able to transform and able to be restricted.From studying and contrasting the historical system of the protection of reputation right and other latter-day countries' practice we find that the protective stipulation play an important role in the archaic law. However it didn't embody the equality idea of modern ruled-by-law society, they protected the autocratic class. The significance of the system is to protect personal right and dignity, maintain the good order of our society. The four compositions of encroaching liability are: the illegal action; the damage; the cause-and-effect between the foregoing two compositions; the subjective fault of the actor. The main methods of bearing civil liability shall be: cessation of infringements; elimination of ill effects and rehabilitation of reputation; extension of apology and compensation for losses.For the sake of the public advantage, the reputation right may be restricted. The freedom of expression is the footstone of modern democracy. Since we are eager for democracy and freedom, when people's remark concerning about public advantage and conflicting with the protection of reputation right, the standard can be relaxed in some extent. The protection of reputation right of public person, goverment officials and servants, the artifical person, judiciary professionists should be limited to some degree, but we also should give our attention to the "degree". By analyzing the cases we can see that students' reputation right may be restricted for the need of administration, the principle of restriction is not to disturb their healthy growing-up.