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互联网和自媒体时代,传播内容侵害自然人和法人名誉权的现象此起彼伏。本文以阿里巴巴集团公司等诉葛甲案为切入点,针对赔礼道歉法律责任的在理论上的争议和司法实践中的不足进行了进行了相关的梳理。在此基础上,就法人名誉权的权利性质和救济方式进行了分析,在指出法人名誉权的救济应基于财产责任方式的基础上,将“区分事实与意见”的规则就如何运用在法人名誉权案中进行了探讨,提出赔礼道歉不适于作为侵害法人名誉权的单独责任方式,但可有条件地成为处理该类纠纷案的一项辅助救济方式。
Internet and self-media era, the spread of content infringement of the rights of natural persons and legal persons one after another phenomenon. In this paper, Alibaba Group Co., Ltd. v. Ge Jia case as a starting point, apologize for apology legal liability in the theoretical controversy and judicial practice of the deficiencies were carried out were combed. On this basis, the author analyzes the nature and remedy of the right of reputation of legal person. On the basis of pointing out that the remedy of legal reputation should be based on the mode of property liability, how to apply the rules of “distinguishing facts and opinions” Legal rights and interests of the case were discussed in the proposed apology apology is not suitable as a violation of the legal personality of the sole responsibility of the responsibility, but conditions can be conditioned to deal with such a case of ancillary relief.