Examples of the right to reputation, consequences of infringement of the right to reputation

Zhang Jing is an Internet enthusiast, her screen name is Hongyanjing, and her real name and screen name have a certain degree of popularity in Nanjing West Temple**. met Yu Qingfeng at a netizen gathering, and knew that his screen name was Huarong Dao. Yu Qingfeng afterward'The Great Leap Forward'Zhang Jing filed a lawsuit for violating her right to reputation, requesting the court to order Yu Qingfeng to stop the infringement, eliminate the impact, apologize, and compensate 10,000 yuan for spiritual comfort.

The court ruled: Although Zhang Jing and Yu Qingfeng each logged in with a virtual screen name and participated in the activities, they knew each other and knew each other's screen names by meeting each other in real life, and Zhang Jing's screen name and real identity were also known by other netizens'The Great Leap Forward'The screen name is posted against'Hongyan Jing'That is, Zhang Jing's discussion, during which he used insulting language many times, subjectively had malicious intent to damage Zhang Jing's right to reputation, and objectively carried out acts that infringed on the right to reputation of others, and should bear civil liability'Hongyan Jing'Because Zhang Jing's number of people is limited, and Zhang Jing also made inappropriate remarks against Yu Qingfeng on the Internet after being infringed, it was decided that Yu Qingfeng should stop the infringement, apologize, and pay 1,000 yuan in spiritual comfort.

Lawyer's comments: The network is a product of the development of science and technology, and its role in promoting the progress of human society cannot be underestimated. Although cyberspace is virtual, the human behavior refracted through the network is real.

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1. Publicly apologize, publicly eliminate the adverse impact caused by the infringement, restore the reputation, and the infringed party may also request the infringer to compensate for losses. If the infringer ignores the citizen's request, the citizen can file a lawsuit in court.

2. Compensation for infringement of citizens' right to reputation. Publicizing the privacy of others in writing, orally, or other means, or fabricating facts to openly scandalize the personality of others, as well as harming the reputation of others by means such as insulting or defaming, causing a certain impact, is an act that infringes on citizens' right to reputation.

1. Stop the infringement.

2. Restore reputation and eliminate influence.

3. Apologize.

4. Compensate for losses.

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

Article 109:The personal freedom and personal dignity of natural persons are protected by law.

Article 1024:Civil entities 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 a prudent social evaluation of the morality, prestige, talent, and credit of the civil lord.

Legal Analysis: Examples of Infringement of the Right to Honor: For example, the perpetrator illegally obstructs or suppresses others from obtaining honorary titlesAll citizens or legal persons who are qualified to obtain honorary titles in accordance with the provisions of relevant laws and regulations have the right to obtain certain honors in accordance with the prescribed procedures, and no organization or individual may obstruct, interfere with or suppress them.

If the perpetrator fabricates facts or adopts improper means to prevent others from obtaining a certain honor, it constitutes an infringement of the right to honor, if the perpetrator fabricates facts or adopts improper means to prevent others from obtaining a certain honor.

Legal basis: Article 110 of the Civil Code of the People's Republic of China Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights.

Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 1031 of the Civil Code of the People's Republic of China Civil subjects enjoy the right to honor. No organization or individual may unlawfully deprive others of their honorable titles, and must not slander or degrade the honor of others.

Where honorary titles obtained should be recorded but are not, the civil entity may request that it be recorded; Where the recorded honorary titles obtained are incorrect, the civil entity may request corrections.

Legal analysisThe so-called reputation, in the literal sense, refers to the reputation of citizens and legal persons. In other words, the social evaluation of a citizen's or legal person's morality, ability, reputation, etc., in society. The right to reputation refers to the inviolable right enjoyed by citizens or legal persons in accordance with the law for the social evaluation of their own reputation.

Reputation is directly related to the personal dignity of citizens and legal persons, and is the basic condition for civil subjects to carry out civil activities and even social activities. The reputation of a legal person indicates the credibility of the society, and this credibility is gradually formed by the legal person in the whole activity over a relatively long period of time, especially the reputation of the enterprise legal person, which reflects the general evaluation of the society's performance in production and operation. The reputation of a legal person often has a significant impact on its production, operation and economic efficiency, and the right to reputation is an important personal right of civil subjects.

Legal basisArticle 1024 of the Civil Code of the People's Republic of China: Civil entities enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insulting, transporting, calling tombs, and defaming them. Reputation is a social evaluation of the character, prestige, talent, and credit of relatives of a civil subject.

The circumstances of infringement of the right to reputation are as follows: Acts infringing on the right to reputation mainly include insult and defamation, and insult refers to the perpetrator's behavior of deliberately belittling the personality of others and defaming the reputation of others in the form of language, writing, violence, etc.; Defamation refers to the perpetrator's concealment of the truth, intentional or negligent fabrication of false facts, and dissemination of them. Article 246 of the Criminal Law Crime of Insult Whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights.

The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.

Insult: refers to the use of words (both written and oral) or actions to openly damage the personality of another person or destroy the reputation of another person. For example, using big-character posters, small-print posters, cartoons, or extremely obscene and dirty language to insult or ridicule others, and bring shame to others' hearts.

Defamation: refers to the act of fabricating and disseminating certain false facts to damage the reputation of others. For example, they fabricate that other people's work style is bad without any basis or by chasing after the wind and shadows, and they go around publicizing and damaging the reputation of others, causing others great mental suffering.

Insult and defamation are common acts of defamation, and Article 101 of the Civil Code expressly prohibits the use of insult and defamation to damage the reputation of others. The infringement of the reputation of a legal person is mainly manifested in the dissemination of false news that damages the reputation of a legal person, such as fabricating certain facts, falsely accusing a factory of how inferior the quality of its products is, and trying to use unfair competition means to bring down and leak the other party, and so on.

1. Legal responsibility for infringement of the right to reputation.

In accordance with the provisions of Article 179 of the Civil Code, the people's court may order Li Wei to stop the infringement, restore the reputation, eliminate the impact, make a formal apology, and compensate for losses.

In general, the content of the right to reputation includes two aspects:

1.The right holder has the right to protect his reputation and require others to evaluate him fairly and objectively, so that he can gain due respect in society.

2.The right holder has the right to exclude others from infringing on its reputation, and to require the perpetrator to bear the corresponding civil liability.

II. Classification of the right to reputation.

The right to civil reputation.

The right to reputation can be divided into the right to reputation of citizens and the right to reputation of legal persons, and the right to reputation of citizens mainly includes the following aspects:

2.No one may insult or slander others or damage the reputation of others.

3.No one is allowed to fabricate facts. Framing others and ruining others' reputations.

The right to reputation of legal persons.

Compared with the right to reputation of citizens, the content of the legal person's right to reputation is narrowed because it does not have the same emotions as a citizen, mainly including:

2.No one may fabricate facts, disseminate information that is inconsistent with the true status of the legal person, and ruin its reputation.