Essays that have damaged reputation or legal rights

Legal Analysis: The infringer's behavior has caused serious damage to the victim's reputation, causing the victim to feel a kind of unfair social pressure or psychological burden, and to be mentally tortured and psychologically traumatized. It must be emphasized that such unjust social pressures, psychological burdens or mental afflictions must be something that is objectively real and not a subjective feeling of the victim.

That is, a person's reputation refers only to the public's evaluation of his or her society, not to the person's self-evaluation of his or her intrinsic value. Therefore, if some of the acts of the perpetrator do not cause a decrease in the social evaluation of the victim, they do not constitute an infringement of the right to reputation.

Legal basis: Civil Code of the People's Republic of China

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Legal basis: Civil Code of the People's Republic of China Article 995:Where personality rights are infringed, the victim has the right to request that the perpetrator bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.

How to look at the reputation essay is as follows:

Idea of the question: You can use the "word splitting method": reputation = reputation + honor.

The remarks of the two can be condensed into "reputation equals life" and "reputation equals floating clouds". The core is "the value of reputation to people". According to Shakespeare's words:

1.The connotation of reputation (what is): the affirmation of one's own value and a strong sense of responsibility.

2.The role of reputation (and why): People who cherish their reputation are spiritual nobles who have their own strict bottom line and code of conduct. Reputation is exchanged for strength, will, quality, and family tradition, and it is worth defending with life.

3.Example: European aristocracy: Pushkin died in a duel with the officer Dantes for honor and dignity. Cai Yuanpei once felt that he had been questioned and insulted by students for no reason, and his face turned red: "I want to duel with you." ”

Ancient Chinese taxis have always been "a soldier can be killed but not humiliated". Han Liu Xiang "Shuo Yuan Miscellaneous": "The husband and gentleman love the mouth, the peacock loves the feather, and the tiger and leopard love the claw, all of which are the methods of governing the body." ”

Liu Yu, an associate professor at Tsinghua University's Department of Political Science, wrote: "I am not so opposed to the aristocracy, and I was even a little moved by the part of the aristocracy that recently read the history of Rome and read about the aristocracy, saying that although the Roman aristocracy enjoyed more power, they also took the lead in the war and shed more blood and sweat."

This aristocratic style, which associates responsibility with elite status, seems to be more reliable, not like the aristocratic style I see in China today: indifference as taste, cowardice as high, busy grabbing the "big apple", and impatiently despising ordinary people—as if the neck is tilted up, and the height will really grow. (The Water Level of Ideas).

4.Xiaojiao Pang Zhengnadu: the reputation of a teacher (Chen Yinke insists on teaching), the reputation of a doctor (the Hippocratic Oath), the reputation of a writer and scholar (insisting on telling the truth), and the reputation of a representative of the National People's Congress and a member of the Chinese People's Political Consultative Conference (speaking for the people).

Infringement of the right to reputation may be required to claim damages. The right to reputation itself is not property and does not have exchangeable economic benefits, but since such rights are directly related to the acquisition and loss of property rights of citizens and legal persons, infringement of the right to reputation will also affect the property rights and interests of citizens and legal persons. In addition, the costs and expenses incurred by the victim in restoring his or her reputation also fall within the scope of property damage.

Legal basis: Article 1024 of the Civil Code, civil subjects enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander.

Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject. Article 179 of the Civil Code provides that the main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continue to perform on the suspicion of being informed; (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore reputation; (11) Apologize.

Where the law provides for punitive damages, follow those provisions. The methods of bearing civil liability provided for in this article may be applied separately or in combination.

Can I claim compensation for the loss of the infringement of the reputation right of the Mingmeng Hall? The right to reputation itself is not property and does not have economic benefits that can be exchanged for, but since such rights are directly related to the acquisition and loss of property rights of citizens and legal persons, infringement of the right to reputation will also affect the property rights and interests of citizens and legal persons. In addition, the costs and expenses incurred by the victim in restoring his or her reputation also fall within the scope of property damage.