2009Year3month31日Late7Point, Civil and Bet365 No.9Issue in Bet365 School114Classroom Bet365 sportsbook reviewsuccessfully held。The theme of this salon is: Novel Infringement—Between Creative Freedom and Protection of Reputation。The keynote speaker of this salon is a doctoral candidate in civil and commercial law from Shandong University、Wang Qingling, Prosecutor of Shandong Provincial People’s Procuratorate,Cui Lihong, associate professor of Shandong University Law School, will be the guest commentator。
First hostSun ChaoThe doctor gave a brief introduction to this salon,And proposed to make the Civil and Bet365 a gathering of legal thoughts、The stage of collision and sublimation。
The keynote speaker Wang Qingling started from the case of a writer who was sentenced to prison for writing novels - the "Tu Huaizhang Case",Mainly discusses the infringement of novels from various aspects-especially the issue of infringement of Bet365 by fictional novels。
Starting point - whether the novel may infringe the right of reputation。Wang Qingling commented on several disputes between the literary and legal circles,And thus formed his original point of view: Generally speaking, novel authors will not infringe the reputation rights of others through novels,But in special circumstances, it will infringe the reputation bet365 live online casinorights of others。From the basic characteristics of the novel,The conflict between the fictional nature of the novel and the empirical nature of the law determines that novels generally have no possibility of infringing the reputation rights of others;From the perspective of novel creation rules,The difference between the prototype and the characters in the novel determines that it is generally not appropriate to determine that the novel infringes on the reputation rights of others;From the perspective of the social function of the novel,The abstract critical function determines that it is generally not appropriate to determine that novels infringe the reputation rights of others。But when deliberately using novels as a means to insult and slander others,There will be the problem of infringement of reputation rights,And this situation also requires strict conditions and conclusive evidence。
Focus - Preliminary discussion on the elements of novel infringement: lifting the veil of fiction。Wang Qingling pointed out,Finding a balance between creative freedom and reputation protection,The following three principles should be adhered to: the principle of the overwhelming majority、Bet365 app downloadPrinciple of uniqueness (or exclusivity) and principle of seriousness (or principle of tolerance)。But,When the victim is a public figure,It should be subject to greater restrictions in the protection of reputation rights,The standard for determining whether a novel author infringes on the reputation rights of public figures is higher than infringing on ordinary citizens