On The Right Of Reputation And Freedom Of Expression Conflicts And Solve

The right of reputation in the Chinese Civil is a personality right, it has a pivotal role tomaintain their own social evaluation and dignity. Freedom of speech is also essential in ourlife, it guarantees us an event, one of the characters to leave a comment or ask a right tofreedom of opinion. Reputation and freedom of expression are fundamental rights provisionsof our Constitution, equal status, there is no distinction of the rights of rank. But in real lifepeople in the exercise of free speech rights would violate the right of reputation boundaries,while the protection of the right of reputation may restrict the exercise of the freedom ofspeech, leading to the two rights collide with each other, conflict is inevitable. At present,China’s "constitution","Civil Law" in the area of civil law, and tort liability law three majorlegal norms on the right of reputation, very little freedom of speech, there has been thedefinition is not clear, protective measures provisions than The less expressed functional roleis not clear, and fuzzy boundaries rights legislation, leading to not be a good solution to theconflict between the two. This article attempts to explore our current research status on tworights as well as the basis of foreign advanced legislative system to solve theseproblems．Paper is divided into five parts, the first of two relatively new social event, leads tocontradictions and conflicts between the rights exist in real life, the right to freedom ofexpression and the right of reputation. Secondly, the behavior of the right of reputation andfreedom of expression of the basic definition of infringement of the right of reputation,restrictions on freedom of expression, the right of reputation infringement defenses set forthclearly demonstrated our existing legislation on freedom of expression and the right ofreputationprovisions of the status quo. Again, this article summed up the two rights mainlythree forms of conflict in real life, the next article on deep analysis of the reasons of theconflict between the two main rights and border demarcation is not clear, two rightsprotection purposesthe contrast between the rights and the rights itself exists mutualconstraints, both have four different values theory and legislative reasons. Then, the fourthpart of this article, Intro reality vulnerability in the legislative, judicial interpretation andpractice of the relevant aspects of the right to freedom of speech and honorary, mainly for thelegislation is not clear, the judicial practice of favoring the protection of the right of reputation, reputation orinfringement provisions blurred. The fourth part of the second major problem,detail the system of judicial review in the United States, the Supreme Court of the UnitedStates can be ordinary court’s decision to review the constitutionality, in order to achieve thepurpose of balancing the two. Then a classic case leads to a well-known principle of "realmalicious reputation right of the individual and public figures separate practices to protect thenatural person is worthy of our reference. Also details the idea of the German ConstitutionalCourt in constitutional litigation, the balance is the same as the basic constitutional rights offreedom of speech and the right of reputation, the case benefit measure can also be referenced.Finally, this paper focuses put forward recommendations to improve our reputation right andfreedom of expression conflict resolution mechanisms, specifically: the reputation of publicfigures and ordinary natural person separate jurisdictions to protect, clear insult anddefamation recognized standards, improve the existing legislative systemto strengthen thefreedom of expression of public opinion these four aspects. The last part is the focus of thisarticle, I hope to provide a point of reference to the views of China’s legislative and judicialpractice, to be to resolve the contradictions of the real existence of freedom of speech and theright of reputation, and find a practical solution to balance the interests of both value.