Legal subjectivity:
Theoretically, there is a clear difference between the right of reputation, the right of name, and the right of name. The right to name is the right of citizens to decide, use and change their names in accordance with the law. The object of the right of name is the name, and the object of the right of reputation is the reputation. Obviously, a name can be controlled by the owner of the right to name, but reputation is an objective existence and cannot be controlled by the owner of the right of reputation. In terms of infringements, most of the infringements on the right of reputation take the form of insult, slander, etc., while the infringement of the right of name mainly takes the form of interference, false use, misappropriation, etc. However, in trial practice, some behaviors that infringe on the right of name also damage the reputation of others, and thus also constitute an infringement of the right of reputation. This situation often manifests itself in insulting, defaming, slandering, or engaging in other illegal activities in someone else's name, thereby damaging someone else's reputation. For example, Zhao was fined for violating traffic rules while riding a motorcycle. Zhao pretended to be his colleague Li and responded to the police. The police sent a violation notice to Li's unit, which posted it, causing Li's reputation to be damaged. In fact, Li's reputation was damaged as a result of the infringement of his right to name. An act that simultaneously infringes on the right of name and reputation constitutes concurrent infringements. As far as civil law protection is concerned, it is actually a concurrent claim. According to the theory of concurrence, the victim cannot file two requests for protection at the same time when the right to name and right of reputation are damaged. Instead, the victim should adopt the principle of absorption and request protection when one of the rights is damaged. The author believes that the victim can choose, that is to say, it is up to the victim to decide which of the rights to request protection. It is worth noting that some behaviors may appear to be infringing on the right to name, but they are not in fact an infringement of the right to name. Specifically, if the behavior is not theft or impersonation of another person's name, but the insulting use of another person's name, it is not an infringement of the right of name, but an infringement of the right of reputation, such as maliciously calling someone else's name something. Animal names, or changing other people's names to fool, ridicule, or insinuate others. In addition, spreading scandals that someone did not do as someone else is an infringement on someone's reputation, not an infringement on someone's right to name. Cases of infringement of reputation rights are relatively common in judicial practice. In specific cases, the relevant circumstances should be legally identified and dealt with before handling. Especially if serious criminal facts are caused, the criminal liability of the relevant personnel must also be investigated. , the parties can identify and deal with it based on the actual infringement of reputation rights. Legal objectivity:
Article 110 of the Civil Code: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy, etc. right. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.