How to determine whether there is infringement of reputational rights disputes caused by literary works
Whether an act constitutes damage to the reputation of others The infringement of human rights should be measured according to the elements constituting general civil tort liability. In other words, to constitute a reputation infringement, there must be four infringement elements: illegal conduct, fact of damage, causal relationship and subjective fault.
(1) Evidence proving the qualifications of the parties
1. If the party concerned is a natural person, proof of identity should be submitted Information, such as ID card or household register, etc.
2. If the party concerned is a legal person or other organization, Subject registration information should be submitted, such as a copy of the industrial and commercial business license or the industrial and commercial registration list issued by the industrial and commercial registration authority, the registration certificate of the corporate body, etc.
3. The legal facts in dispute between the parties occurred If there have been changes since then, the change registration information should be submitted.
(2) Evidence proving the existence of infringement facts
1. Evidence that the defendant insulted or slandered the plaintiff, such as insulting language or articles that are inconsistent with the facts, large, Small-character posters, open letters.
2. Article content Evidence of the truth involved, such as academic certificates, etc.
(3) Evidence proving the causal relationship between the infringement facts and the damage consequences, such as unit sanctions, etc.
(4) If there is a specific litigation request, a calculation list of the amount of the litigation request should be submitted.
How to protect reputation rights
If a citizen's right of reputation is infringed upon, he or she may require the infringer to terminate the infringement: publicly apologize, publicly eliminate the adverse effects caused by the infringement, restore reputation, or Require the infringer to compensate for losses. If the infringer ignores the citizen's request, the citizen can file a lawsuit in court.
Citizens’ reputation rights are infringed, and citizens have the right to file a lawsuit in court. Litigation is a legal way to protect one's rights, and it is also an integral part of the content of reputation rights.
About the composition of liability for infringement of reputation rights
Reputation rights dispute cases fall within the scope of tort law. Whether an act constitutes an infringement on the reputation rights of others should be measured in accordance with the general elements of civil tort liability. In other words, to constitute a reputation infringement, there must be four infringement elements: illegal conduct, fact of damage, causal relationship and subjective fault.
1. Does publishing other people’s privacy without authorization constitute infringement on others? Infringement of reputation rights;
2. Not only intentional Only in this way can it constitute infringement of the reputation rights of others;
3. Writing , whether publishing literary works will infringe the reputation rights of others;
4. Infringement liability of the editing and publishing unit;
5. Regarding liability for infringement of reputation rights;
Based on the above, the editor has compiled relevant content related to reputational rights disputes. It can be seen that whether it constitutes an infringement on the reputation rights of others should be measured according to the general elements of civil tort liability. The four elements of infringement must be illegal behavior, fact of damage, causal relationship and subjective fault. For more related legal issues, Legal Savior Network provides professional legal consulting services.
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