论我国公众人物名誉权的民法保护
发布时间：2018-10-19 15:25
【摘要】：公众人物是指在生活中为人们广泛知晓和关注的社会知名人士,因其自身行为能给社会带来正面或负面影响的社会成员。如政府官员、影视明星、体育明星、著名科学家、文化艺术家、战犯等。由于其在社会影响力、社会责任、财产属性等方面的特殊性,在保护他们的名誉权和一般公民的名誉权时是具有一定区别的,其保护范围就应受到法律一定的限制。根据公众人物的概念及其主要特点,可以将其作以下归类：其按照公众人物的主观心理状态,可以分为自愿的公众人物和非自愿的公众人物；按照性质可以将公众人物分为政治公众人物和社会公众人物。目前从“范志毅诉东方体育报案”到“潘粤明名誉权纠纷案”,我国法院在审理侵犯公众人物名誉权的案件时没有专门的法律作为审判的依据,会导致“同案不同判”现象的出现。而美国对于公众人物名誉权的保护较为完善的法律依据,从判例法到成文法,“萨利文案”开始出现的“公众官员”到后来完善的“公众人物”美国法律一直都在完善公众人物名誉权的法律保护制度。此外,欧洲部分国家关于公众人物名誉权的法律保护(英国依附侵权法体系实现对名誉权的间接保护,德国以人格尊严为核心的对名誉进行分领域保护),都能说明我国关于公众人物名誉权的保护较国外还是不完善的。 本文认为,目前我国在公众人物名誉权的保护上不完善主要包括以下几点：对公众人物的认定标准不明确、侵犯公众人物名誉权没有明确的民事法律责任的规定、有关公众人物的诉讼制度不完善、没有专门性适用公众人物名誉权的法律规定。今后通过公众人物名誉权制度的比较研究,对我国公众人物名誉权制度的构建提供几点建议：明确界定公众人物的认定标准、完善侵犯公众人物名誉权的法律责任、规范保护公众人物名誉权的诉讼制度、在人格权等相关法律法规中明确保护公众人物名誉权的法律规定。
[Abstract]:The public figure is the social famous person who is widely known and concerned in the life, because its own behavior can bring the positive or the negative influence to the society member. Such as government officials, film and television stars, sports stars, famous scientists, cultural artists, war criminals and so on. Because of its particularity in social influence, social responsibility, property attribute and so on, it is different in protecting their reputation right and general citizen's right of reputation, and its scope of protection should be limited by law. According to the concept of public figure and its main characteristics, it can be classified as follows: according to the subjective psychological state of public figure, it can be divided into voluntary public figure and involuntary public figure; According to the nature of public figures can be divided into political public figures and social public figures. At present, from "Fan Zhiyi v. Oriental Sports report" to "Pan Yue-ming reputation dispute case", Chinese courts do not have a special law as a basis for trial when trying cases that infringe upon the reputation rights of public figures. This will lead to the appearance of different judgments in the same case. In the United States, the legal basis for the protection of the reputation of public figures is relatively perfect, ranging from case law to statutory law. From the beginning of the Sullivan case to the later perfection of American law, American law has been perfecting the legal protection system of public figure's right of reputation. In addition, in some European countries, the legal protection of the right of reputation of public figures (the United Kingdom relies on the tort law system to realize the indirect protection of the right of reputation, The protection of reputation in Germany, which takes human dignity as the core, can explain that the protection of reputation right of public figures in our country is not perfect compared with foreign countries. In this paper, the author thinks that the protection of reputation right of public figures in our country is not perfect at present, which mainly includes the following points: the identification standard of public figures is not clear, and there is no clear stipulation of civil legal liability for infringing public figures' reputation rights. The litigation system of public figures is not perfect, and there is no special legal regulation of public figures' right of reputation. In the future, through the comparative study of the system of reputation right of public figures, this paper provides several suggestions for the construction of the system of reputation right of public figures in our country: defining clearly the standards for the identification of public figures, perfecting the legal responsibility of infringing upon the reputation rights of public figures, Standardizing the litigation system of protecting public personage's right of reputation, making clear the legal provisions of protecting public personage's right of reputation in relevant laws and regulations such as personality right.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2281540
[Abstract]:The public figure is the social famous person who is widely known and concerned in the life, because its own behavior can bring the positive or the negative influence to the society member. Such as government officials, film and television stars, sports stars, famous scientists, cultural artists, war criminals and so on. Because of its particularity in social influence, social responsibility, property attribute and so on, it is different in protecting their reputation right and general citizen's right of reputation, and its scope of protection should be limited by law. According to the concept of public figure and its main characteristics, it can be classified as follows: according to the subjective psychological state of public figure, it can be divided into voluntary public figure and involuntary public figure; According to the nature of public figures can be divided into political public figures and social public figures. At present, from "Fan Zhiyi v. Oriental Sports report" to "Pan Yue-ming reputation dispute case", Chinese courts do not have a special law as a basis for trial when trying cases that infringe upon the reputation rights of public figures. This will lead to the appearance of different judgments in the same case. In the United States, the legal basis for the protection of the reputation of public figures is relatively perfect, ranging from case law to statutory law. From the beginning of the Sullivan case to the later perfection of American law, American law has been perfecting the legal protection system of public figure's right of reputation. In addition, in some European countries, the legal protection of the right of reputation of public figures (the United Kingdom relies on the tort law system to realize the indirect protection of the right of reputation, The protection of reputation in Germany, which takes human dignity as the core, can explain that the protection of reputation right of public figures in our country is not perfect compared with foreign countries. In this paper, the author thinks that the protection of reputation right of public figures in our country is not perfect at present, which mainly includes the following points: the identification standard of public figures is not clear, and there is no clear stipulation of civil legal liability for infringing public figures' reputation rights. The litigation system of public figures is not perfect, and there is no special legal regulation of public figures' right of reputation. In the future, through the comparative study of the system of reputation right of public figures, this paper provides several suggestions for the construction of the system of reputation right of public figures in our country: defining clearly the standards for the identification of public figures, perfecting the legal responsibility of infringing upon the reputation rights of public figures, Standardizing the litigation system of protecting public personage's right of reputation, making clear the legal provisions of protecting public personage's right of reputation in relevant laws and regulations such as personality right.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
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相关期刊论文 前3条
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，本文编号：2281540
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