The Conflict And Coordination Between Exercise Of Public Authority And Reputation Protection

Honorary means every natural person, legal entity for its own evaluation of thecorresponding social character, virtue, and so should get credit for a positive evaluation ofcolor. Honorary constitute factors include character, virtue, credit, but does not includetalent. Everyone must be considered with good character, virtue, credit people. Reputation isthe right to reputation. As a full rights, not only including the right of reputation, but alsoincluding the honorary sense.Defamation must meet four constituent elements: the fact that the victim does have thereputation to be damaged, the perpetrator acts illegal, there is a causal relationship betweenthe violation and the consequences of the damage, the perpetrator subjective fault. Subject todefend the right of reputation infringement are: real defense, takeda theory (fair commentrule), absolute exemption privileges,relative exemption privileges,legitimate exercise ofpower.Multi reputation suffered from the freedom of speech, public authority violated. Andviolations of public power is more invisible, caused a greater impact on citizens. Executivepower and judicial power, for example, the public authority reputation infringement typicalmanifestations are: credit rating; administrative penalties; product quality testing, sampling;allegations; case disclosure; data untrue; criminal penalties, criminal coercive measures.The above examples illustrate the reputation infringement or public authority to exercisethe powers due to illegal or improper exercise of power, or because of conflict of rights.Conflict with the rights of inevitability, it is the result of coincidence right into the sky, aright due to conflicting rights fuzzy boundaries and intensification of state.Contradiction to coordinate public power and reputation in the final analysis is tobalance the two conflict. First of all, must draw the boundaries, powers exercised properstandard is the principle of proportionality; secondly, to establish the right rank, privaterights take precedence over public power; Finally, a power control mechanism, improve therights of relief.