Study Of Legal Control Methods About The Conflict Between The Mass Media And The Honorary Right

As the tendency of economic globalization and market changing is growing, newsmedia function will occur further change. With the right consciousness of the massesawaken further, western developed right protecting concept will be introduced intochina, the concept will bring deep affection into the arousal of the right consciousness.More frequently collide and conflict will occur between the mass media and the mainbody of civil law in this background.For example, because of CCTV, Xinhua News Agency, Central People'sBroadcasting Radio Station, Procuratorate Daily Newspapers (etc.) are located thepopedom of the first middle people's court of Beijing, it witnessed the obviouslyincreasing of the quantity of news tort case following new trait. The First MiddlePeople's Court of Beijing noticed the news tort cases' five big characteristics in fastfew years: a, honorary tort case take the most amount of news tort case. b, newsmedia losing a lawsuit proportion is high. c, apologizing judgment is more popularused than spiritual damages judgment. d, tort reason normally is reported fact notaccurately.5 network tort become the new type of news tort cases. When news infringe honorary right is becoming the major part of news tort casewith present new characteristic, but the news administration of justice of our countryis in awkward condition of scarcely any legal support at the same time. We are almostcan not find the legal regulation when mass media are working except a fewregulation about citizens' criticism right and suggestion right in the constitutionprinciple. Though the honorary right legislation is more relative systematization thanthe news legislation, for possessing of more judicial explanations, our newslegislation can not still cover actual life and new condition emerging constantly, andlack clearly operable rule. Legislations do not settle causes news and honorary rightconflict unceasing. The structure of this paper is plouted out 4 chapter, foreword part have elaboratedthe author's basic stand and viewpoint of value in the face of news infringe honoraryright cases: the freedom of news is the prerequisite of solving that honorary right isinfringed. Honorary right legal system should incline to public benefit is anotherprinciple. The focal point discussed of this paper is what channels and measures willbe adopted.This paper thinks that untruth is news hurting honorary right's major representation;news true conflict with live true, legal actual conflict is its substance. Source lies inthe conflict with value concept among news freedom, the public benefit and personalbenefit. " Dividing treat" is solving these problems' key. We need Not only distinguishthe main body hurted, but also need divide the main nature of media's responsibility;combine times science and technology develop at the same time. We should properadjustment the evidence rule of honorary right lawsuit when pay attention to freedomof news, guarantee popular medium healthy development, protect the benefit of thepublic, to avoid the entity justice obtained being counteracted by program unjust.On researching technique, this paper begins with civil law's general principal, usethe demonstration research method, the legal economic analysis method and thecomparison analysis method. I hope get the method how to make balance betweennews project and the protect of honorary right getting across concluding andclassifying the representation of the conflict between news and honorary right. Toindirectly help the honorary right legal system of our country gets better and better onpracticing and soluting actual problem aspects.