1. Does the company enjoy the right of reputation?
The company enjoys the right of reputation.
Corporate reputation right is a kind of personality right, and goodwill is the core interest of corporate reputation right. In our country, the reputation right of legal person is not only protected in the personality right system, but also stipulated in the tort civil liability. The Civil Code stipulates that "citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or defaming. " Article 120 stipulates: "If a citizen's right to name, portrait and reputation is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for the losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply. " The Supreme People's Court also stipulates: "Whoever slanders or slanders the reputation of a legal person in written or oral form and causes damage to the legal person shall be deemed as an act of infringing the reputation right of a legal person."
Second, what is the standard for filing a case against the right of reputation?
1. The actor objectively has a fact that damages the reputation of others and is known by a third party.
The infringer has insulted or slandered. The so-called insult refers to the act of publicly damaging the personality and reputation of others by words or actions. Insult can be done orally or by behavior. Its manifestation is to spread existing defects or other facts that are detrimental to people's social evaluation, so as to discredit others and humiliate them, which can be called "much ado about nothing"
2. The actor is subjectively at fault.
From a legal point of view, the subjective fault of public figures in bringing a lawsuit of reputation infringement should be based on whether the actor has actual malice. Even if there is no actual malicious behavior, it should not be considered as infringement.
3. The object of infringement should be a specific person.
A specific person refers to a specific natural person or legal person. If there is no specific person, there is no such thing as a victim in law. However, if some literary works insult or slander a specific person in their descriptions, although they use code names or pen names, readers can know who they are referring to at a glance, which obviously cannot deny the author's infringement just because he uses code names or pen names. Therefore, if the designated object is a specific person in a specific environment and under specific conditions, even if the name is not named, it can also constitute an infringement on the reputation right of others.
4. The consequence is that the infringer's behavior has caused serious damage to the victim's reputation, making the victim feel unfair social pressure or psychological burden, mentally tortured and psychologically traumatized.
3. What are the civil liabilities for infringing the right of reputation?
1. Stop the infringement. Requesting to stop the infringement means that the victim has the right to request the relief court to take compulsory measures to stop the infringement of the reputation right while committing the infringement.
2. Restore reputation (honor). Restoring reputation is a unique form of responsibility for infringing the right of reputation. Because the direct consequence of the offender's infringement of the right of reputation is to damage the reputation of others, the offender should bear the responsibility of restoring the reputation of the victim. Only when the wrongdoer restores the victim's reputation can the direct consequences of infringing on the right of reputation be completely eliminated and the root causes of property loss and spiritual loss be eliminated. Generally speaking, in what way the reputation of others has been infringed, the reputation of the victim should be restored in the same way; To what extent the reputation of others has been violated, it should be restored within this range. For example, if publishing false articles in provincial newspapers damages the reputation of others, they should also make written corrections and apologize in provincial newspapers to restore the reputation of the victims.
3. compensate for the losses. Infringement of others' reputation right may bring property loss and mental loss to the victim. For example, the wrongdoer spread false facts about a citizen's work style and moral corruption, which seriously damaged the citizen's reputation and was dismissed by the original work unit. The citizen suffered property losses and great mental pain because of unemployment. Property loss can be the loss of existing property or the loss of available benefits. Mental damage only occurs when the reputation right of a natural person is infringed, and there is no mental damage problem when the reputation right of a legal person or other organization is infringed.
4. apologize. That is, the wrongdoer admits his mistake to the victim and apologizes to get the victim's understanding. An apology can be made orally in person or in writing.
The laws of China expressly provide for the protection of the reputation rights of legal persons and natural persons. Of course, the company also enjoys the right of reputation, which is linked to their word of mouth, which is very important for the company.
Legal objectivity:
Article 110 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons have the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. Article 111 of the Civil Law of People's Republic of China (PRC), the personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.