Research On The Application Of Law To The Infringement Of Public Figure’s Right Of Reputation

The development of the right to reputation of public figures started in the United States in the 1960 s,as one of the achievements of the First Amendment of the United States Constitution.It is an exception to the right of reputation.Under the system of foreign case law,it gradually established and formed the legal system and theory of public figures.Since the 21 st century,the theory of public figures has appeared in China’s judicial practice,which can be said to be an important breakthrough and innovation in China’s judicial practice.The theory of public figures has not been brought into the category of Chinese law since it came into the field of Chinese law.The academic circles have never stopped debating whether it is reasonable to introduce this theory.The first part of the theory of public figures through the development of the source of retrospection to understand the history of the development of the theory and its main connotation.It originated from the American civil rights movement,and the core of the theory is the application of the principle of substance malice,which aims to bring more protection to the news media and freedom of speech.The second part is from the legislative and judicial point of view of the reputation of our country’s exceptions-the public figures of the reputation of the application of law.On the one hand,it combs the development of the right of reputation of public figures in our country,on the other hand,it analyzes the current legal situation of the right of reputation of public figures in our country in the past five years,and uses the method of empirical analysis to show the application of law of the right of reputation of public figures in the form of charts,and sorts out the existing legal focus problems from the perspective of quantity and subject.The third part focuses on the existing problems of the public figures theory in the application of law,such as the ambiguity of the limit of tolerance obligation and the inconsistency of imputation principle.The fourth part,combined with the sample cases to compare the development of the theory of public figures abroad in our country’s unique,thinking about the provisions suitable for follow and the application process should be improved.The fifth part,through to the public figure theory and the legal application situation combs the discussion,proposes the judicial decision proposal pointed.Based on the legal protection provisions on the right of reputation in our country and the theory of the right of reputation of public figures outside the country,this thesis explores and analyzes the right of reputation of public figures as an exception of the right of reputation,screens the cases of the right of reputation of Peking University,the database of undisputed cases and other cases,targets at the cases of disputes over the right of reputation of public figures accepted by the people’s courts from 2017 to 2021,and uses the quantitative and qualitative empirical analysis method to conduct a careful visual study of the cases,so as to provide case support for further exploring the application of the right of reputation of public figures.Under the existing legal framework,this paper analyzes the path and existing problems of public figures’ defamation right infringement,and finally puts forward some suggestions on judicial adjudication.