On Public Legal Person’s Right Of Reputation And The Supervision By Public Opinion Of The Conflict And Balance

With the deepening of legal awareness,and the constant improving of legalconsciousness,the conflict between private rights of the public corporation andcitizens’ supervision is more and more intensified. In "meng tao yuan" event, forexample,as a public corporation,does Peking university have reputation rights? Howto define boundaries of the public Corporation reputation and the public opinion?How to deal with the conflict between the two rights? These questions are in thejudicial practice. This type of social events have caused widespread social attentionand comments, also caused a series of deep legal thinking.In addition to the introduction and conclusion, this paper is divided into foursections:The first chapter introduces the concept and characters of the public corporationand its performance in various countries and regions, it is the full text theoreticalpremise and foundation. In this chapter the author intends to explain that the PekingUniversity and other institutions are public corporation, and as the breakthroughpoint, pave the way for the following analysis of public corporation existingreputation.The second chapter mainly analyzes the existence and finiteness of publiccorporation.Through the analysis of the current theory of reputation, and thenleading to the existence of public corporation reputation. In addition, on the basis ofthe relevant argumentation,the author bring to the existence of corporate reputation,to demonstrate public corporation have reputation, but the reputation should belimited. reputation of public corporation is different from the common reputation.The third chapter mainly analyzes the conflict performance and reason of Publiccorporation reputation and the rights of public opinion. Especially in the Internet age micro-blog,we-chat and other media development make the conflict between themmore intensified.Only in the grasp of the performance and causes of the conflict, canwe protect the rights of the public corporation’s reputation better.The fourth chapter discusses that solving the contradiction between the publiccorporation`s reputation and the supervision by public opinion should be based onthe reasonable protection of public corporation`s reputation. This chapter firstlyanalyzes the actual malice principle and the principle of due process, and in theoryprovides macroscopic principle for solving conflict between protection of publiccorporation`s reputation and supervision by public opinion; then strengthens thepublic corporation’s burden of proof in litigation, in order to realize the fairness onthe question of public corporation`s reputation protection. Finally, this paper arguesthat in the current conflict situation between public corporation`s reputation and thesupervision by public opinion, priority should be given to the protection of publicopinion,in addition,improving legislation about “opinions remarks”is necessary.Atlast,combination of legal and moral is useful to balance the contradiction betweenthem.