Study On Legal System Of Chinese Affordable Housing

In general the quantity of "libel of officials" case with the rapid rising trend inrecent years, it is really a political, legal field intensified abnormal phenomenon. Theessence of the dispute is the conflict between the citizens’ exercise the constitution givesfreedom of speech, criticism and accusation right and the state public officer reputation.The news public opinion direct and officer of the reputation has its existingreasonableness and legality basis, they should be equal protection, but in the judicialpractice, the authorities are often judge focuses on the officer tilt protect, similar caseare mostly with the citizens losing in the end. Therefore, this paper tries to analyze andsolve the conflict between the news public opinion direct and public officer reputation,this has important theoretical significance and practical significance.This paper is on the basis of the current related research results, combine theproblem encountered in news practice and judicial practice, through the case analysisand theoretical analysis, and full explored the news public opinion direct and the stateofficer’s reputation protection status and realize the reasonable balance in the pathsystem, in order to provide feasible suggestions to the current legislation and judicialpractice.Specifically, this paper is divided into five parts: The first part is introduction; thesecond part is mainly reviewed the series of typical cases case and analysis of theessence, they reflects the conflict between the news public opinion direct and publicofficer reputation’s current situation; The third part mainly introduced the basic theory,the relevant law regulations protection status about the news public opinion direct andpublic officer reputation, and then points out the reality of the conflicts performance andexplore the deep reasons; The fourth part of this article first discusses the news publicopinion direct protection and the reasonable restraint officer reputation legitimacy, andtake examples from America, Germany and Taiwan mature case and defamation law,and put forward the corresponding legal advice on this basis, namely establish"substantial maliciousness" principle, and the testification obligation change to theplaintiff undertake; Establish "fact-comment separation" principle; Emphasize the dueprocess principle is very critical, and perfect the relevant legal system is imperatively;The fifth part is the conclusion.