Research On Restrictive Rules Of Public Figures’ Reputation Right From The Perspective Of We-media

The concept of "public figure" started from the last century in the United States,and then passed into Chinese academia.At present,although the academic circle has carried out some research on the definition of this concept and the specific application rules,there are still differences.In our country’s judicial practice,the concept of public figure has already been used to some extent,especially in cases of reputation right tort,when plaintiff is a public figure,the court may take the initiative to identify him as a public figure and then apply restrictive rules to him.In judicial practice,the court’s criteria for the identification of public figures,the application of restrictive rules,the necessary limits of the tolerance obligation of public figures and other elements have become the main dispute focus of the case.However,from the current perspective of "we media",cases of infringement of public figures’ right of reputation with the identity of "we media" are frequent and on the rise,which makes the conflict between the protection of right of reputation,freedom of speech,public interests and other rights and interests more obvious.In the cases of "we Media" infringing on the reputation right of public figures,the infringement mode,consequences and purpose have been quite different from the traditional infringement mode.Therefore,based on the current development trend of infringement cases,the judges in some cases blindly reducing the reputation right of public figures seems to be inconsistent with the original restrictive purpose,and the protection of the reputation right of public figures is moving towards the direction of conventional thinking.Ignoring the concrete analysis of the new form of cases.In this context,this thesis first discusses and analyzes the concept and connotation of public figures,reputation rights and restrictive rules,which lays a theoretical foundation for the subsequent research.Secondly,it expounds the concept of "we media",a new profession,and its characteristics in the current cases of public figures’ reputation right infringement,and makes a targeted analysis based on the collected judicial cases.Thirdly,combining theories and cases,this thesis analyzes the application of restrictive rules on the right of reputation of public figures in judicial practice and the specific problems from the perspective of we media.Finally,based on the above theory and case study,aiming at the fuzzy application of restrictive rules and other problems,optimized solutions are put forward: first,improve relevant legislation,clarify the identification of the scope of public figures,clarify the boundary standards for the application of restrictive rules,clarify the scope of public interest,and improve the prohibition system of personality rights;Second,improve the supervision system of Internet platforms.On the premise of improving the real-name online rules,government departments and Internet platforms jointly promote the implementation of the supervision and management function of the network environment,and create a green and healthy Internet industry;Third,strengthen the self-discipline of the industry,do a good job of self-supervision and management;Fourth,give full play to the role of dynamic system theory in reputation right infringement cases to achieve fairness and justice.