我国民众名誉权感知度的实证研究与完善——以辽宁省海城地区为调研对象

Empirical research on the public perception of reputation and improvement——took Haicheng,Liaoning Province as the research object

名誉权关涉个人的精神满足和人格尊严而受到法律的保护,有关其法律认同的形成与认知度密切相关,实践中人们主要通过媒体宣传了解名誉权,对于其有一定认识,不趋向于选择诉讼的方式维护自己的名誉权,更注重精神损害的补偿,从道德角度去判断死者名誉权、法人名誉权以及新闻自由与名誉权冲突问题。反映出名誉权的总体认知多来自道德判断,名誉权具体法律规定认识模糊,救济上趋向选择非诉讼方式,不同学历的居民认知程度有所差异的问题。而产生问题的原因主要是关于名誉权的法律知识图式尚未形成、立法缺乏体系性、权利认识上存在偏差及法律宣传方式单一。由此,可通过建立名誉权法律保护体系、培养社会成员正确的权利意识以及建立多元化的法律宣传方式来提高名誉权认知度。

The reputation of individuals concerned to meet the spirit and dignity is protected by the law. The formation of the legal identity is closely related to the awareness. In the practice, people mainly know it through the media, for which there is a certain understanding. People did not tend to select the way in litigation to protect their own reputation, but paid more attention to compensation for moral damage, and judged the right of reputation to the dead, corporate reputation and conflict between the freedom of the press and the reputation from a moral point. The overall cognition of the reputation comes from moral judgments. The specific legal provisions on reputation are vague, so it tends to choose non-litigation in relief. And the awarenesses of residents of different qualifications are different. The main cause of the problem is that the schema about the legal knowledge of the reputation has not been formed, legislation lacks systematic, there is a deviation on the awareness of the right and the the way of legal publicity is single. It is possible to increase the awareness of reputation by establishing legal protection system of the right of reputation, training members of the community correct awareness of rights and establishing a wide range of legal pubficity.