从范曾名誉权案看名誉侵权的构成要件-法律学专业论文.docxVIP

Abstract In January, 2012, the highly concerned case which the painter Fan Zeng v. the collector Guo Qingxiang for reputation infringement was sentenced by the Beijing first intermediate peoples Court. Guo Qingxiang was sued to the court for that he had written a critical article “Artists should speak rely on his works”. Both The Beijing Changping District peoples court and the Beijing first intermediate peoples court judged Guo Qingxiang had constituted defamation. This paper is based on the introduction of the case, and makes an in-depth analysis on it from the perspective of law, besides, it puts forward some related thnking in order that it will provide some trains of thought to the judicial practice in similar reputation infringement case. This paper is divided into three parts: The first part: The introduction of the case .it consists of case synopsis, the hearing and the focus of controversy. Guo Qingxiang published an article to criticize the fickleness of the painting circles, call and advocate sincere, responsible spirit of art. However, the painter Fan Zeng thought the article is for him, so, he appealed to the court for his reputation.. The focus of our research is to discuss whether Guo Qingxiangs acts constitute defamation and how to set the standard of the reputation infringement cognizance. The second part: Analysis of the legal issues related to Fan Zengs reputation right case. The infringement of the reputation right as general tort includes four aspects. Firstly, it must be illegal behavior of infringing the right of reputation.Illegal actions include defamation and insult, in order to judge the defamation, there must be authentic and reasonable standards; for insulting behavior, it should adopt fair comment principle to judge. Secondly, it must lead to the consequences of damage. Damaging consequences include lower social evaluation and mental injury; only the harmful consequences can determine whether the act has met the requirements of standar