Legal subjectivity:
1. Do enterprises and companies have the right to reputation?
Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to use Damaging the reputation of citizens and legal persons by insulting and slandering. A company's trademark, legal representative, produced goods and related items all have reputational rights. If the reputational rights are infringed and cause losses, the company can demand compensation from the other party through judicial means. The judicial authority can, based on the actual situation, Make legal determinations and penalties.
The damage caused by the infringement of the legal person's reputation is the damage to the legal person's reputation. Specifically, it causes the outside world to have negative opinions on the legal person's production capacity, business credit, product quality, operating conditions, asset status, and reputation. Social evaluation in terms of image and other aspects has declined. In terms of evidence, it is not necessary to prove the fact that social evaluation has been reduced. It only needs to be proved that the injurer has defamed the reputation of the legal person and that the defamatory content has been known to a third party. Claiming derivative losses such as economic losses suffered from damage to reputation should be At the same time provide evidence to prove.
2. How to determine the infringement of the right of reputation?
(1) The perpetrator objectively exists the fact of harming the reputation of others and it is known to the third party. The infringer committed acts such as insult and slander. The so-called insult refers to the behavior of openly damaging the personality of others and destroying the reputation of others through words or actions.
(2) The perpetrator is subjectively at fault. From a legal point of view, when it comes to reputation infringement lawsuits filed by public figures, the evaluation of subjective fault should be based on whether the perpetrator has actual malice. If there is no actual malice, even if the reputation of the public figure is indeed damaged, it will not be judged. should be deemed as infringement.
(3) The victim should be a specific person. The so-called specific person refers to a specific natural person or legal person. If there is no specific person, then legally there is no so-called victim.
(4) In terms of consequences, the infringer’s behavior caused serious damage to the victim’s reputation, causing the victim to feel an unfair social pressure or psychological burden and suffer mental torture. , suffered psychological trauma. It must be emphasized that this unfair social pressure, psychological burden or mental torture must be an objective reality and not a subjective feeling of the victim.
3. What are the forms of infringement of corporate rights?
Reputation infringement mainly includes the following methods: insult, slander, leaking important privacy of others, etc.
Insult: Refers to the behavior of using words (including written and oral) or actions to blatantly harm the personality of others and destroy the reputation of others. Such as using big-character posters, small-character posters, cartoons, or extremely obscene and dirty language to insult, ridicule others, and bring shame to others' hearts.
Defamation: refers to the act of fabricating and spreading certain false facts to damage the reputation of a legal person. For example, if you fabricate baseless or baseless rumors about the bad corporate style, and publicize it everywhere, damaging the reputation of the legal person, it will cause great mental pain to the legal person.
Insult and slander are common reputation infringements. It is prohibited to use insults, slander and other means to damage the reputation of others.
The damage to the reputation of a legal person is mainly manifested in the dissemination of false information that damages the reputation of the legal person, such as fabricating facts, falsely claiming that the manufacturer's products are of poor quality, using unfair competition methods to damage the other party, etc., which are all infringements of the company's reputation rights. .
In summary, both citizens, businesses, and corporate legal persons have the right to reputation and are protected by law. Damage through insults, slander, etc. is prohibited. If it infringes upon the reputation rights of others or the collective, causing losses. Both natural persons and collectives can demand compensation from the other party through judicial means. Legal objectivity:
Article 110 of the "People's Republic of China and Civil Code" Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, and privacy rights, marital autonomy and other rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor. Article 111 of the "People's Republic of China and Civil Code" The personal information of natural persons is protected by law. Any organization or individual that needs to obtain other people's personal information must obtain and ensure information security in accordance with the law, and must not illegally collect, use, process, or transmit other people's personal information, and must not illegally buy, sell, provide, or disclose other people's personal information.