The Internet has developed in my country for nearly 30 years，During this period，The country has also promulgated a series of Internet-related laws and regulations to regulate the Internet order。But due to the inherent time lag in the law，Relevant legislation may not always be at the forefront app bet365 download development app bet365 download times。How to establish effective network legal rules，Issues that should be considered during the "empty period" of Internet law。Guiding Case No. 143 issued by the Supreme People’s Court “Beijing Lanshida Optoelectronics Technology Co., Ltd.、Huang Xiaolan v. Zhao Min’s Reputation Dispute Case” is a personality rights dispute case that was staged from reality to the Internet platform，This case has important implications for the construction of network legal rules and even the improvement app bet365 download comprehensive network governance system。

[Case Brief] The plaintiff company opened a beauty shop in a certain community，Huang is a shareholder and beautician app bet365 download company。January 17, 2017，Defendant Zhao brought another owner to the plaintiff’s store for consumption，During the period, the defendant had a quarrel with the plaintiff Huang because he was dissatisfied with the last freckle removal service，The defendant later abused the plaintiff Huang with obviously insulting remarks such as "schizophrenia" and "pretending to be crazy" in two community owner groups (WeChat) with 345 and 123 people respectively，And use his photo as illustration，The plaintiff company also used "irregular instruments"、Blackmailing customers" and other derogatory words，Resulting in loss of business of Lansida Company。The court based on Article 101 app bet365 download "General Principles of Civil Law app bet365 download People's Republic of China"、Article 120 and Article 6 app bet365 download Tort Liability Law app bet365 download People's Republic of China、Article 20、Article 22 (currently Article 1024 app bet365 download Civil Code、Article 995、Article 1165、Article 1182、Article 1183) Judgment，Require the defendant to post an apology statement at the door app bet365 download community house，And compensate the plaintiff company for economic losses of 3,000 yuan、Plaintiff Huang’s mental damage consolation payment of 2,000 yuan。

【Legal Analysis】This case mainly reflects the situation when civil disputes use cyberspace as the carrier of infringement，How to determine its public attributes、The scope of dissemination and whether it constitutes the elements of infringement。The core app bet365 download problem of Internet infringement lies in the understanding app bet365 download characteristics of Internet communication and the reference for the determination of traditional infringement。

According to media scholar Professor Guo Qingguang，“So-called communication，That is, the transmission of social information or the operation of social information systems”。On the one hand，Openness、Technical、Virtuality and other characteristics lead to greater freedom and sharing in virtual network communication；On the other hand，Anonymity、Diversification、Wide domain and other characteristics lead to the complexity and disorder of virtual network propagation。The above characteristics bring difficulties to the handling of Internet civil disputes，Traditional civil legislation is still blank in dealing with online behaviors。Although the State Council's "Internet Information Services Management Measures" attempted to regulate the dissemination of Internet information in 2000，It is expressly prohibited to spread “insulting or slandering others”，Infringement of other people’s legitimate rights and interests” and other information，But it is essentially restricted from the perspective of administrative supervision，Not certainly applicable to the civil field。The necessary subject in traditional civil legal relations、Behavior、Subjective state and other factors have encountered new problems in the Internet era，For example, the anonymity app bet365 download subject、Virtualization of behavior, etc.，This requires that the identification of relevant civil concepts should also adapt to the characteristics of network communication under the new situation。As far as this case is concerned with the infringement of reputation rights in cyberspace，The particularity lies in how to view the characteristics of cyberspace - convenience、Freedom、Fast, complex and disorderly at the same time，This is crucial for controlling the scope of dissemination of infringing information in this case and identifying online infringements。

When the Internet is used as a communication medium，It is easy to cause some misunderstandings: infringers often use the excuses of "what you say online cannot be taken seriously" and "social platforms such as WeChat are private spaces rather than public places" to avoid legal risks or touch legal red lines。While infinitely amplifying the uniqueness app bet365 download network，But ignores that the Internet is just a reflection of reality，Online life also comes from real life。In reality, the identification of reputation disputes often requires clarifying the infringement subject and infringement behavior，The analysis ideas are also of reference significance for the identification of online infringement subjects and behaviors。

On the one hand，In cyber cases，Often due to the ambiguity app bet365 download subject of online infringement、The changeability and virtuality make it difficult for the infringed party to determine the actual infringer，Making it difficult to reveal the truth app bet365 download case。But problems caused by technology can still be solved through technical means，IP address positioning and other methods are becoming increasingly mature，For example, in this case, the court compared account information，Prove that the false statements published on the Internet were issued by participants in actual disputes，The subject of network infringement can be identified。In order to further regulate network behavior、Maintain a good network ecology，The newly revised "Internet User Account Name Information Management Regulations (Draft for Comments)" in 2021 clarifies the obligation of Internet users to "provide true identity information when registering an account"，This will help realize the connection between virtual space and real space。

On the other hand，Different from the traditional way of identifying reputation infringement simply through four elements，The concealment and replicability characteristics of online infringement determine that the difficulty in this case is not whether the perpetrator has posted an insult against a specific subject、Defamation、Slanderous or derogatory remarks，The difficulty lies in the occasion and carrier app bet365 download above remarks，Whether the social group is a public space。The identification of public spaces mainly includes the following points: First, whether the people are random，That is, the freedom of joining and exiting；The second is whether the membership relationship is specific，Members are formed based on a specific matter or relationship，How familiar are we with each other；The third is whether the environment is open，That is, the confidentiality and diffusibility of information within the group。The Supreme People’s Court pointed out in its judgment，A WeChat group composed of people with no specific relationship has the attribute of a public space。In this case, members app bet365 download owner group have the attributes of house leasing and buying and selling relationships，There is a flow of personnel，In addition, it is less likely that many owners are familiar with each other，Established by persons with no specific relationship。This can basically identify the public space attributes app bet365 download owner group，Then determine this infringement。

Visible，The determination of Internet infringement is mainly based on the method of separating the facts app bet365 download case from the virtual space，Conduct a qualitative analysis app bet365 download extracted case facts combined with actual laws and regulations，Analyze and improve based on the network order and network communication characteristics，Thus forming a more objective and comprehensive understanding of online infringement cases。Cyber ​​legal rules are derived from real world rules，The Internet is essentially a reflection of real life。The construction of Internet legal rules not only needs to conform to the characteristics of Internet communication，What is more important is the inheritance and transformation app bet365 download rules of real life，This provides a basis for the modern development of law，It also lays a solid foundation for the modern governance of cyberspace and network ecological governance。Civil Code on Internet Virtual Property、Electronic Contract、Provisions on personal information protection and liability for online infringement，Integrate the construction of network legal system with civil law，Practice in practice，Let the increasingly complex online civil disputes have legal basis。

　　(Author’s affiliation: Institute of app bet365 download Organization and app bet365 download Governance, Soochow University)