The Research Of Identification And Imputation Of Public Opinion Supervision Infringes Upon The Right Of Reputation In China ——From The Perspective Of Zhen Kung Fu Company And Economic Daily Reputation Infringement Case

Since the 1990 s,the freedom of news in China has been increasing.Until today,our ability to obtain current affairs has been far higher than before.The global current events have been learned in a very short time and become a talk of people,which requires the media role of the news media.However,the number of lawsuits caused by public opinion infringement in the news media shows a rising trend.The infringement of public opinion supervision by the news media is mainly manifested as the infringement of the right of reputation.In China’s legal system,the provisions on the protection of reputation rights have been relatively perfect,but in the field involving the supervision by public opinion,the number of relevant laws and regulations that can be invoked is relatively small.Due to the absence of the law,the public opinion infringement dispute has not been coordinated and uniformly solved in reality.China’s laws do not specifically stipulate the relevant laws of public opinion infringement,and the public opinion infringement still cites the relevant laws of the tort law.The judicial interpretations and answers issued by the Supreme People’s Court only stipulate defamation,false content and improper comments,and do not divide a relatively clear scope for the rights and obligations that may be involved in supervision by public opinion.Until January 2021,the civil code began to implement,the new 1,025 for public opinion supervision actor in the reputation dispute standard—— "reasonable verification obligation" to stipulate,1,026 listed the public opinion supervision actor in violation of "reasonable verification obligation" identification factors,gradually fill the gap on this aspect,but is not perfect.Public opinion infringement cases involving the news media false reports,whether the length of maintenance time,the infringement is often difficult to define,the reputation damage consequences are often difficult to identify,and the media to free speech as a defense,China did not introduce a special news law,so the standardization of no relevant laws and regulations,so this article within the legal framework of public opinion supervision reputation infringement theoretical conflict and contradictions existing in judicial practice.On the basis of studying the theories of various scholars in the field of public opinion infringement,this paper puts forward its own thoughts on the definition and attribution of reputation infringement of public opinion supervision,in order to draw effective suggestions on the work of the media and the work of the court.In the first part of this article introduces the public opinion supervision of three typical cases,respectively for real kung fu catering management co.,LTD.and economic daily,xu Dan reputation dispute,Beijing Huangshi technology development co.,LTD.,and securities market weekly magazine reputation dispute,Beijing qihu technology co.,LTD.,wisdom software（Beijing）co.,LTD.And Chengdu daily economic news co.,LTD.,Shanghai Jingwen culture communication co.,LTD.,reputation dispute case infringement subject including enterprise and natural person,in this part will roughly introduce the case,and the focus of the case dispute.The second part will conduct a legal analysis of the legal issues involved in the dispute focus of the selected cases in the first part of the article,focusing on the boundary between public opinion supervision and the violation of reputation right,the reasonable verification obligation undertaken by the news media industry,and the attribution of public opinion supervision that constitutes the civil liability after reputation infringement.The above three problems run through the reputation infringement with public opinion supervision,which is also the problem that the author believes urgently to solve the public opinion infringement dispute at the present stage.In the third part,based on the previous research,the author summarizes some suggestions on the work of the news media and the work of the court.The media workers should not fabricate and distort the facts,strictly fulfill the obligation of reasonable verification,and do not use insulting words in the reports.When hearing public opinion infringement cases,judges should apply the unified tort standard of public opinion supervision and the unified reputation tort attribution system of public opinion supervision.