民法通则颁布实施以来,过去很少诉讼到人民法院的损害名誉权案件,日益增多,并有继续上升的趋势。这类案件,尤其是一些涉及新闻、出版单位的案件,情况比较复杂,影响也大,常常引起社会上的普遍关注。 应当指出,目前人民法院审理损害名誉权案件,不但遇到的新情况、新问题多,难度较大,而且审判实践经验不足,在对侵权行为的认定和正确适用法律等方面,还有待于不断地总结经验。从近一、两年来人民法院审理损害名誉权案件的情况看,有以下几个问题需要认真研究、解决。 Since the promulgation and implementation of the General Principles of Civil Law, the number of cases of reputation damage inflicted on people’s courts in the past has been steadily increasing and has continued to rise. Such cases, especially those involving the press and publishing units, are more complicated and have a large impact and often cause widespread concern in the community. It should be pointed out that at present, not only the new cases and new problems encountered by the people’s courts in handling cases of reputation damage are more difficult but also the lack of practical experience in trial practice. There are still a great deal to be found in the identification of violations and the proper application of laws Sum up experience. Judging from cases heard by the people’s courts in the past one or two years for damage to their reputation rights, there are several issues that need careful study and resolution.