论言论权与名誉权的冲突

On the Conflict of the Right of Expression and the Right of Reputation

近年,社会生活中针对言论权的名誉侵权之诉时有发生。言论权和名誉权是两种性质相异的权利。两种权利冲突在法律上表现为言论权在界限上的模糊性,以及缺少解决冲突的判断标准,其根源在于不同利益主体之间的利益冲突。为此需要在法律上通过对言论权的界限加以确定,并确立合理的冲突解决规则,为二者之间冲突的解决提供一条可行的路径。

The nature of the right of expression and the right of reputation in context is different . However, many lawsuits of repu- tation aiming at the right of expression have occurred. The root of the conflict is not only derived from the conflict of different interests, but also the illegibility of the borderline of the right of reputation, and the absence of the rules of conflicts. The way in theory to settle the problem is to confirm the borderline of the right of reputation , the rules of that conflict, and the correction of the social cognition.