Research On The Press Tort Liability

In the21st century, we have entered the era of rapid development of informationprovided by the various news reports, we can better understand the world we areliving in this rapid development. press has become an indispensable way to obtaininformation in our daily life. It is both an important aspiration for common readersand a career ambition for journalists to have a mature media helping us see moreobjective and authoritative reports.Supervision of the government is one of the important functions of the press,which in most western democratic systems plays the fullest role. The news media maylead the he social orientation of public opinion to the right direction by disclosing theunjust social events and exposing the misconduct of government officials, as well aspraising the good social phenomenon.However, compared with Western perspective, the situation in China is morecomplex because we are experiencing the great transition. we can not just look atChinese press with a view of the western media existing theories and existingexperience function. Therefore, the supervision function of Chinese media will showdifferent characteristics from the western media.In this context, there appear a lot of problems in the supervision function ofChinese press, mot of them are related to the law. Due to the existing laws in theregulation and protection of this field, there will be many blind spots in legal issues, itmust be found in the existing system under way.As a press practitioner in China, the author finds out the existing problems inpresent media systems in reality, and puts forward some suggestion for reference ofsystem design and provides initial solutions in practices by combining her legalbackground with her research in the responsibility of press infringement in newssystem. Also, through the construction of the system of responsibility of press infringement, the author tries to clarify some problems in this area, and try to find abalance between the freedom of the press supervision of public opinion and theprotection of the right of personality. This is also the main purpose of the study ofpress tort liability.Before conducting related study, the author did a lot of research on the presenttheories of press tort liability and find that some senior scholars had not providedsatisfactory solutions to the problem. This research tries to find proposed solutions inthe paper.Introduction, the introduction of the press tort liability in journalism researchscholars and scholars engaged in the study of law is often carried out separately, andnot on this issue a good combination. Due to the focus of different disciplines barrierscaused by news scholars often focus on a list of the phenomenon, the lack of aphenomenon upgraded to the height of the legal theory of abstract analysis, and legalscholars often only focus on theoretical research, analysis of the phenomenon morelacking, the Commission came to the conclusion that often can not be used in practiceto solve the problems of a practical nature.Two discipline subjects emphasis on research separately, but fail to grasp theinterdisciplinary nature of the problem behind the embodied and brought theadvantages of better integration of the two disciplines, thus both research either partialabstraction can not use either too simple and obvious lack of depth, a lot of theproblem has not been satisfactorily resolved, which needs further study.The first chapter introduces the general theory of the press tort liability, theconcept of tort liability is defined to explore the thesis topic, the author tries to figureout the problem related concepts defined so as to better address and begins atheoretical dialogue.The foundation of press tort liability is to define of press tort liability, the authortries to refine and summarize the previous proposals on this concept, and through thepress infringement and infringement of the comparative analysis, infringement subject,infringement means, objects and its particularity, which leads to the point that pressinfringement is different from the general definition of the concept. In this chapter, the author also discuses different types of press tort liability and make a classification indifferent criteria, which is a part of which is worthy of our attention; and throughsystem analysis of the balance of interests mechanisms on press tort liability, theauthor point out that freedom of the press and the right of personality conflicts ofinterest with both good to maintain a balanced approach, the demarcation of theborder for the freedom of the press and protection of the right of personality. And lateron, the author tries to make clear a way for the practice on the basis of the specificapplication of press tort liability.The second chapter focuses on Imputation principles of press infringement. Froma very practical analysis, the author point out that it is still in a state of confusion inthe legislation on the principles of press tort liability in China. This often leads to a lotof problems in the judicial practice, leading to the emergence of different sentences onthe same case. I also examine the academic research and find the press academic andlaw circles tend to tell their own stories, without a combination to their respectiveadvantages. On the basis of previous studies on the presumption of fault attributableto the principle of legitimacy discussion, the conclusion is that strict liability shacklednews organizations the freedom of the press, and the principle of fault liability turnvictims in a disadvantageous position, so, the principle of presumption of fault is mostconducive to balance the protection of the freedom of the press and the right ofpersonality.The third chapter concentrates on the constituent elements of the press tortliability. Since press infringement if different from the general tort, in the discussionof the responsibility of the constituent elements, the author also focuses on its generaltort liability constituent elements difference.In this chapter, the author defines the press infringement violations, damage tothe facts, violations and the fact that the causal relationship between damage and pressinfringement fault between the different constituent elements and general tort liability,focused on the News tort unique features, combined with the Sullivan principles inAmerican Law meaning and elements of development and evolution, the author alsodiscusses its influence to China. The author thinks that Sullivan principle is applied in our country on the grounds that it can be conducive to the public interest, will notharm the interests of the public figures, in view of the above four obvious advantages,the Sullivan Principles in China can be applicable. Of course, Sullivan principle maylead to the abuse of press freedom and the possibility to deviate from its basis.Therefore, in China, we should not simply completely copy it, but should draw itslessons reasonably.Chapter four focuses on civil liability of press infringement. as is known, anyliability is especially liable elements and applications, despite the news infringementmore general tort has its particularity, civil liability must also match the liabilityconstitutes elements defined under the principle of attribution.Under this premise, theauthor focuses on the non-property liability and property liability in the press tortliability, and establish a certain rule for the study for the property in press tort liability.Civil liability is one of the important parts of press tort liability. because the authortries to build a complete system for the study of the news tort liability, and therefore,the content s not an integral part of this chapter focuses on to discuss press tortliability applicable in practice, focusing on studying how the rules established to beable to play a greater role in practice, so that the research we have done not only at thetheoretical level of past research breakthrough applications in the level of practice.Chapter five discusses on press tort liability defenses in a complete system of thedefinition of the concept. Therefore, in order to ensure the integrity of the system, theauthor distinguishes between the traditional theory obfuscation exemption subjectmatter and defenses, pointed out that the fuzzy processing problems and deficiencies,and thus indicate a clear distinction between these two concepts, in order to ensure theconcept of accuracy. Then, through the analysis and evaluation of the senior researchresults, the author points out that the traditional six said and four theories are actuallya simple list, and there is no essential difference between the summarized practices.And press tort liability defenses into a closed system, which is in lack of inclusiveness.In order to overcome the traditional doctrine of the omissions, the author makes itclear the boundaries of the constituent elements and defenses. Finally, the authorarrives at a more scientific rigor and inclusive defenses system. In this dissertation, analysis can only be regarded as a supplement for the presstort liability. Conclusions is used in practice to adjust reality, freedom of the press andprotection of personality rights conflict, to identify both the respective limits,balanced relationship between the two, so in the study has been based on such a goalstart on the premise. Of course, coordination and balance between the freedom of thepress and protection of personality rights is not a new topic in the academiccommunity, the senior scholars also discussed, and achieved a lot. However, there aresome problems in present results as well as certain research spaces. So the author triesto process the attitude of the two disciplines, expecting to help establish the press tortliability in the construction for a complete system, and provide certain significance forthe practical protection of press freedom and the right of personality.in practice.