| There are different value orientations in national laws for the protection of the reputation of deceased persons.Anglo-American countries only regard the right of reputation as a civil right,in which case only when victims alive can the acts of infringement on right of reputation constitute,and family members of the deceased cannot institute legal proceedings.In continental Law System,although some states protect the reputation of decedents,their maintenance to the reputation of decedents is not catching up ours in the scope of the subject of litigation and the prescription of litigation,etc.In our country,the decedents are mostly father and grandfather generation,which makes it unavoidable to associated with Chinese traditional filial piety.As the core of Chinese traditional law,filial piety has deep influence on the legislation and judicature of our country.In ancient judicial practice,there existed some examples of maintaining the reputation of the elders.This tradition of legal concepts highlights in the reputation dispute of the deceased persons,influencing the perception,attitude and final acts of handling the disputes of the spread and derogating reputation information of the bereaved,legislation and justice,and it is also the key culture factors of conflicts in the process of information interaction among the bereaved and the infringer.With the advent of the Internet age,reputation infringement cases of deceased people accounted for more than 60% of the total number of cases.Moreover,sharper and even vulgar network expression is also presented in the interaction between the two sides.These destruct the emotions of memory to the deceased people in various degrees,which causes more intense resistance from the close relatives of deceased people.One side is more relaxed speech space under network environment,and the other side is the demands that the bereaved fulfills filial piety in the protection of the deceased people’s reputation.Coordinating the interests of both parties to the litigation has become the key to promoting the alleviation of the current reputation dispute of deceased people.Therefore,the dilemma of the protection of reputation to the deceased people in network will be taken into the scope of discussion.On the whole,this article is based on the perspective of filial piety culture.With the main sample that the deceased reputation infringement cases occurred from September 1986 to September 2016,this article explores how filial piety culture affect the interaction between the bereaved and tortfeasor,and then affect the legislation and the identification of the infringements.The study found that,first of all,the protection of the reputation of the deceased is affected by the tradition of legal culture,and the laws in our country always maintain the reputation of the elders.In the design of the litigation subject,the close relatives of the three generations and their order are affected by the relation which based on different interpersonal pattern in our families.Second,the filial piety culture has a great influence on the interaction between the bereaved and the infringers.On the one hand,affected by the filial piety,the bereaved may think that the information which destroy the reputation of the deceased will make themselves even the whole family disgraced,and it deviate from the pursuit of bringing honor to their ancestors.On the other hand,what the bereaved most care about is not the evaluation from the public but the evaluation of the specific interpersonal circle such as village and so on.Finally,under the network environment,filial piety culture still plays a lasting role in the interaction between the two parties of litigation.Reputation disputes of the deceased people appear on the micro-blogging,which makes free speech on the web began to get a certain degree of attention from the court.Maintaining a limited speech space requires to start with the basic theory of reputation right,discriminate the situations whether the deceased people are public figures or not,and discriminate the statement of facts and expressing the point of views.The reasonable protection of the deceased’s reputation,for critical acceptance to the tradition of filial piety,is the way to its good development. |
