How to determine the right of reputation in a mouthful?

Cover Journalist Gou Chun intern Miao Ye Guo

There was a dispute between the two, and one side was accused of suing the other party to infringe the power of reputation. In life, how to determine whether to infringe the right to reputation?

Recently, the cover news reporter learned from the Chengdu New Court that judging the right to infringement of reputation should be analyzed from the fact that the behavior of the behavior of the behavior, the victim's reputation damage, and illegal behavior should be analyzed to clarify the legal border of reputation infringement.

On the morning of July 10, 2021, a furniture store owner Li Ming (pseudonym) and Sun Lan (pseudonym) had disputes. Sun Lan called the police after being injured. She believed that Li Ming had a good speech, but Li Ming denied his remarks and believed that the other party infringed his right to reputation, so he filed a lawsuit with the court.

The court believes that Li Ming and Sun Lan had a dispute over business, and the two sides only had a mouthful at the language level, and there were no other behaviors that harmed the right to reputation. Li Ming's subjective feelings cannot be used as a basis for the identification of reputation infringement, so the verdict rejected all Li Ming's litigation request. Li Ming refused to accept the court's judgment and appealed.

The court of second instance believes that determining whether a certain speech constitutes the right to infringement, and it is necessary to analyze the objective impact of the language, whether the social evaluation of the victim is significantly reduced. In this case, Li Ming and Sun Lan had a dispute over the operation of the two sides. During the period of the operation of the two sides, Sun Lan was injured and the contradictions between the two sides intensified, which caused his related remarks. It cannot prove that its reputation is objective or reduced or its social evaluation is reduced, so the judgment rejected the appeal and maintained the original sentence.

Judge speak

Li Zhou, judge of the New Court of New Court, said that the right to protect civil subjects is not violated by others. In the practice of trial, judgment constitutes the right to infringement of reputation, and the facts of illegal behavior, the victim's reputation damage, the existence of causal relationship between illegal acts and the consequences of the damage should be analyzed. This clarify the legal border of reputation infringement.

Although Li Ming's proposition on reputation is not legal support, it does not mean that Sun Lan's remarks are not moral and harsh. Sun Lan's aforementioned remarks will obviously make the target discomfort and should be condemned morally. When there is a problem or contradiction, you should be treated calmly. Blindly, it is not only unable to solve the problem at all, but also easily intensify contradictions.

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