论警察名誉权的民法保护——从两起警察状告嫌犯亲属侵犯名誉权案说起

On the Police's Rights of Reputation within the Purview of the Civil Law—— To Begin with Two Cases of Police's Suing Suspects' Relatives for the Infringement upon Their Rights of Reputation

警察在执行职务时也应受到民法上的名誉权制度的保护,这具有法理和现行法律的依据。对警察的名誉权是否采取与普通公民和法人同样程度的保护,民法上缺少明确细致的规定,司法实践中又缺乏运用现行法律规定和法理进行充分的法律解释。

The viewpoint that the police＇s rights of reputation in law enforcement should also be protected by the Civil Law has its legal reasons as well as the bases of our current laws. As for the issue that whether the police＇s rights of reputation should be protected to the same extent as ordinary citizens and juristic persons, it is not yet definitely and particularly prescribed in the Civil Law, and in the judicial practice, the application of the existing laws and legal theories to its legal interpretation is also lacked.