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Author: YaoMingBin
Tutor: LiuZhiHui
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Honor Or honor Justification Feasibility Necessity
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 174
Quote: 2
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Abstract

\In this paper, the nature of honor, elements and types, based argumentation \INTRODUCTION explain some of the major sources of awareness of the problem, the text of argumentation frameworks and research methods. The first part defines the legitimacy of the main premise of the review, including the nature of honor, honor elements, honor and reputation and honor of the comparison typed. Honor is essentially an evaluation that is specific to a particular institution or organization Yiping oriented or professional standards, through specific procedures for natural persons, legal persons or other organizations to make a positive evaluation. Compared reputation, honor in the subjective and objective interests interests, survival status, evaluation, the evaluation criteria, evaluation methods, evaluation results and performance of the existence of different forms and many other aspects. Honor is a complex social phenomenon, its existence and evolution involves the distribution of power in society, specialization and values ??diversity and other practical factors, according to the evaluation of the nature of the subject, the scope of the evaluation object of honor for these two standards is probably the type of technology. The second part of article reveals the \Given \Overall, can not ascertain from the interpretation of \Doctrine, honor affirm that moral rights exist on qualitative issues that the right to identity that said dual attributes of different views, but the inherent personal interests and civil law \fame and \So, honor certain that itself needs review. In the third part of the main arguments relief practice feasibility is missing. Assessment of honor granted certain powers dependent factors that can rob generally honor honor and glory winner grantor or institutional affiliation exists, usually the third person can not lead to elimination of the consequences of Honor. \If the public body honorary been unlawfully deprived the victim according to the \boundaries, it also allows civil courts to load the unbearable burden. Through the two cases interpretation can be found, this did lead to a legal obstacle to the lack of feasibility in practice. The fourth part of the major review article \In the premise of falsification feasibility, necessity is transformed into: consistent with the existence of other legal and feasible relief mechanism? On this issue, the part of the case but without prejudice involving abuse and loss of honor and the honor of infringement . The former, civil protection mechanism can provide the appropriate relief; the latter, yet according to the four basic types of honors explore paths corresponding relief, honor the complexity of the relief mechanism determines the diverse and complex characteristics. On the legislative, legal interest infringement communicate Elements helps public and private law, tort law to promote the interests of the protection of honor, but \Honor violations involving morphology and relief typed analysis also showed that \Some of the major conclusions stated dilemma positioning system, the lack of practical feasibility and necessity of relief, the decision of the \and the doctrine of the third question.

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Abstract

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