What Is The Reputation?

In the case of infringement of reputation right,"same case and different judgment" is a common situation in practice,such as Fang shimin and Xiao chuanguo's case of infringement of reputation right.Xiao filed a lawsuit in the courts of Beijing and Wuhan against Fang for the same comment,and got the opposite result.The problem comes from the judge's lack of understanding of the two conflicting legal interests-freedom of speech and right of reputation.According to the different nature of speech,it can be divided into statement of fact and expression of opinion.The purpose of this paper is to distinguish speech from statement of fact and expression of opinion,and to explore the standard of infringement of reputation right by opinion expression from the perspective of the nature of reputation right.There are three possible concepts of reputation right--property,honor and dignity.Each concept embodies the different legal interests represented by the right of reputation in the process of social development.These three concepts complement and compete with each other,which have different influences on the legislation of reputation right protection and lead the reputation right to different directions.Different concepts,different tort standards.Under the property model,the right of reputation is purely personal right.While under the social evaluation model,the right of reputation completely serves the public interest and can be compromised to other public interests.Therefore,this standard will be relatively loose.Under the concept of dignity,the legal interests protected by the right of reputation include personal interests and public interests,and the standard of tort depends on the rules of social civilization,as well as the judge's assessment of the value of speech and social tolerance in individual cases.The reasonable standard of tort of reputation right recognized in this paper takes the balance standard under the concept of dignity as the core and considers the property attribute and honor attribute.Finally,it is necessary to return to the constitutive requirements of reputation right infringement,and define the four basic requirements of reputation right infringement according to the interests embodied in reputation right...