The Theory And Practice Of The Right To Gather News

The paper includes four sections: section 1, presentation of the issues disputed in the theory field; section 2, the issues in the legislation to gather news; section 3, demonstration of the relation between the right to gather news and the other rights; section 4, the issues in the practice to gather news.The first section presents and discusses the study on the right to gather news and the focus in the theory field. It is mainly analyzed four sections, i.e. "whether the right to gather news is a right or a power", "the value tendency of the right to gather news", "the validity of the right to the hidden news gathering", and "the multiply attributes of the right to gather news". The author's ideas are given after the comparison and analysis of the point above. The author surely expresses the idea, the right to gather news isn't one of the country powers, but one of the social rights, and the value of the right is not only to prevent the government office abusing its power but also to protect the right of the freedom of getting information of the truth which belongs to the people; the hidden news gathering should be considered legal on condition that it is not against the forbidden regulations according to the law. The further, the author detailedly demonstrates and stresses that the right to gather news has the multiply attributes because of its different features in different cases.The second section demonstrates the issues in the legislation. Firstly, it analysespresent situation of the legislation of the right to gather news in China, by now, no official document has designed the right to gather news while there are some related contents in the law, and the rules. It is prescribed the forth media (Web Site) has not the right to gather news. Secondly, it demonstrates the limitation of the Chinese legislation of gathering news, which mainly show that the rules of the prohibition is much higher than the rules of authorization, lacks the effective protection of the law. Finally, the author stresses that China under present circumstances has been able to make the law of news to protect the freedom of peoples speech and publish through legislation. Simultaneously, the author points out the issues that should be noted in the legislation: 1, establishes the authorization rule to the News and Media organizations; 2, link the administerial rule to the News and Media organizations with the Politics and Law system of china.The third section demonstrates the relation between the right to gather news and the other rights. It mainly discusses the relation between the right to gather news and the right of personality, the relation between the right to gather news and the right of secretiveness. The conflict between the right to gather news and the right of personality mainly refers to the conflicts of the rights of personality dignity, privacy, honour, iconology and credit, and solving the conflicts should follow the rules of the social politics and the public interests, as well as the rules of personality and the public interests. When talking about the right of secretiveness, it mainly demonstrates the conflict and the balance among the rights of secretiveness, the reality of the news, and the fair and square judgment, it also show the ways and the rule of resolving the conflict: 1, the conflict between the right of secretiveness and the reality of news can be mainly solved through self-discipline in vocation, in other words, we should establish the strict program of gathering news and ensure the reality of news; 2, the author stresses that there are different ways to solve the conflict between the right of secretiveness and the fair and square judgment in different cases, the right of secretiveness is above the judicial powers, in other cases, the judicial powers are above the right of secretiveness. To reach this level, must have the facilities that it has enough evidences to prove the reporter has gatheredmuch information about the specifically corpus delicti, as the information is not only urgent but also dif...