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我国《民法通则》第50条规定政府是机关法人,第101条规定法人享有名誉权,政府作为机关法人依现行法律应当是具有名誉权的。但是政府名誉权的存在是否合理,能否废除,仍然值得讨论。在民事领域,政府作为平等主体其名誉权应该保留;但在公法领域,政府由于其特殊性,其名誉权应该废除。
Article 50 of China’s General Principles of Civil Law stipulates that the government is a legal entity, Article 101 stipulates that legal persons shall enjoy the right of reputation and that the government, as a legal entity, shall have the right of reputation under the existing laws. However, the existence of the government’s reputation right is reasonable and can be abolished. It is still worth discussing. In the civil field, the government should retain its reputation as an equal subject. However, in the field of public law, due to its particularity, the government’s reputation should be abolished.