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伴随我国社会生活的发展,人们的法律意识日益增强,民事纠纷种类繁杂多样,维权途径更是五花八门。大家都知道,司法是保证受害人权利得以救济的最后一道屏障,在把民事纠纷或权益维护诉诸司法之前,人们往往通过各种途径进行私力救济或求助社会其他部门进行帮助。救助行为不当或不适度,不但无益化解先前的纠纷和保护已受侵害的合法权益,而且可能侵犯他人的名誉权,导致矛盾升级产生新的诉讼。正确认识和把握自救行为的造度与法人名誉权的保护尺度,以及言论自由的限度和监督权的正当行使,能有效避免侵犯他人名誉权。以下3篇案例就涉及此问题。为此,我们约请了最高人民法院具有丰富审判经验和扎实法学功底的资深法官给予进一步的理论剖析,以便对类似纠纷有更加准确的认识和统一的司法认定标准,也更期待诸如此类纠纷因人们法律知识的加深和维权的适度而不再产生。
With the development of social life in our country, people’s legal awareness is increasingly enhanced. The types of civil disputes are diverse and diversified, and the channels for safeguarding rights are all-encompassing. We all know that the judiciary is the last barrier to guarantee the victims’ rights can be remedied. Before resorting to civil disputes or safeguarding their rights and interests, people often use various channels to help themselves or seek help from other social sectors. Improper or improper assistance can not only help to ameliorate the previous disputes and protect the legitimate rights and interests infringed upon, but also infringe upon the reputation of others and lead to new litigation arising from the escalation of conflicts. Correctly understanding and grasping the measure of self-help behavior and protecting the reputation of legal person, as well as the limits of freedom of speech and the proper exercise of supervisory power can effectively avoid infringing the reputation of others. The following three cases deal with this issue. To this end, we have invited the Supreme People’s Court with a wealth of trial experience and solid legal knowledge of senior judges to give further theoretical analysis in order to have a more accurate understanding of similar disputes and a unified standard of judicial determination, but also look forward to such disputes due to people’s law The deepening of knowledge and the maintenance of moderation and no longer occur.