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名誉权保护在我国正受到越来越多的关注,司法实践中名誉权纠纷的请求与抗辩也日益呈现出多元化的趋势,然而我国《侵权责任法》对名誉权侵权抗辩事由并未作出专门规定,现实需求与现行法律、司法实践的冲突日益凸显。我国对此的未来改革应当从追求保护新闻、表达自由与保护民事主体名誉权和谐、平衡的角度出发,对我国现行法律和司法解释中对名誉权侵权抗辩事由规定的不足,进行修改完善。
The protection of reputation is receiving more and more attention in our country. The requests and defenses of reputation disputes in judicial practice are also showing a tendency of diversification day by day. However, our country “Tort Liability Act” has not made a special defense on the right of reputation infringement Stipulates that the conflict between the actual demand and the existing law and judicial practice has become increasingly prominent. The future reform of our country should be based on the harmony and balance of the protection of news, freedom of expression and the protection of the civil subjective right of reputation, to amend and perfect the inadequacy stipulated in the defenses of the infringement of reputation on the basis of the current laws and judicial interpretations in our country.