论荣誉权被侵害的样态与救济

荣誉权被侵害的样态:妨碍、破坏应当获得荣誉称号的人获得荣誉称号的行为;侵占权利主体的荣誉权;否定权利主体的荣誉,侵害荣誉权;毁损、侵夺权利主体荣誉证书、证物的行为。荣誉权被侵害的救济:对权利人应当获得荣誉称号而遭受侵权没有获得的,或已经获得荣誉称号而被非法剥夺荣誉称号的,一经人民法院判决生效,就认为被侵权方享有该荣誉称号,无须重新颁发、补发荣誉证书;其赔偿损失请求权,不以在财产损失为要求:对权利主体物质损害的赔偿,应当判令侵权方支付或退还权利人应得的奖金和其他物质损失,引起诉讼造成权利人经济损失的,也应包括对权利人精神损害的救济。

On Status and Relief of Jeopardized Reputation

The status of the jeopardized reputation right: to impede and ruin the person's reputation right one deserves to get;to invade and occupy the reputation of the subject of right;to deny the reputation of the subject of right;the actions of breaking and tearing or ruining the certificate,proof of the subject of right.The relief of the jeopardized reputation right: to those who should be awarded the reputation but was denied because of being invaded and occupied,or had got the reputation but was deprived illegally,soon as it has been judged in favor of the jeopardized party by the court and the verdict is put into effect,the jeopardized is regarded as having the right to entitle the reputation without the necessity of rewarding again or compensating the certificate.The plea for compensating the loses is not to be dealt with as a claim.The compensation for the material loses suffered on the part of the invaded should be judged to demand the invaders to pay or return the bonuses and other material loses suffered by the subject of right.The cost of the appeal to the court should be included on the part of the invader,the relief for the spiritual lose should be included.