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The Legal Person of Reputation Infringement Question Research

Author: WenLi
Tutor: WeiShengLi
School: Nanchang University
Course: Civil and Commercial Law
Keywords: Reputation Legal personality Defamation Damages Civil Law Research questions Liability Responsibility Civil rights Tort Law Capacity for civil conduct Damages Mental damage Spiritual compensation Tort Liability Legal interpretation Privacy Sales decline News Infringement defamation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 88
Quote: 1
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Abstract


Corporate reputation lawsuits are more and more frequent litigation in recent years, the standard in judicial practice and understanding are not consistent throughout, the right to appeal to the corporate reputation and social theorists of the existing case with dissent often, the need for corporate reputation the right to conduct special studies, the establishment of a unified analytical framework.Legal persons and natural persons is a relative concept, conceptual understanding of corporate reputation corporate reputation is to study the starting point of infringement. China’s existing legal system, there are many laws concerning the provisions on corporate reputation, such as the Constitution, Criminal Law, Civil Law, etc., have the right to the protection of corporate reputation conducted a general requirement. Corporate Reputation is based on tort law, negligence, damage, causal relations constitute an infringement of the basic elements, but also on the basic elements of corporate reputation infringement.General legal principles of defamation apply to fault. Hengsheng Group v. Wang by case analysis, we can see that the event is caused by defamation rather than both unilateral, and in the prevention of defamation accountability of the damage occurred, the two sides rather than unilateral injury has prevented defamation responsibility. Infringement by the Court of accident prevention should be the responsibility of the performance level of the responsibility by the size of defamation. The reputation of the individual legal infringement proceedings, the court should be properly exempt from personal responsibility to promote a strong position in the corporate producers to better fulfill its responsibilities. Corporate reputation for corporate and individual violations of corporate defamation different, there is no exclusion of liability issues. The news media’s responsibility is between the level of individuals and legal persons.In damages, the general reputation of individual legal rights for compensation against the corporation should not be based on product sales were down, because individuals can not be good in the products or services legal cases have a big impact: but with professional standards, influential individuals are different. Corporate reputation on the legal right to damages can refer to the decline in sales of legal products, but in practice, should consider whether there are other factors. Compensation for the news media is in between. At the moment, we should focus on the infringement on the reputation of the legal person, especially on corporate reputation that attributable to the asymmetry of infringement issues, pay attention to the causal chain of corporate reputation and the impact of infringement and reasonable compensation for infringement to determine corporate reputation, giving play to the behavior of defamation law regulation.

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CLC: > Political, legal > Legal > Chinese law > China and France
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