The Conflict Between Right Of Supervision Of The Media With Citizen's Right Of Reputation And The Solution

Aim at the cases of News Torts affecting Citizen's Right of Reputation getting more and more frequently since 1990's,this article selects a new angle to study the deep level of structure reason of News Torts affecting Citizen's Right of Reputation, and discusses in the theory the conflict between Right of Supervision of the Media with Citizen's Right of Reputation.The first part of this article is introduction. From a concrete case, the two rights in the article are confined. And then, in the second part the definitions of Right of Supervision of the Media and Citizen's Right of Reputation and theirs law foundation are given out. In the third part, it is analyzed that the conflict situation between Right of Supervision of the Media with Citizen's Right of Reputation. News torts affecting Public Person's Right of Reputation is a hot spot in recent years. In this part, a representative case of Fan Zhiyi's lawsuit against Wenhui-Xinmin United Newspaper Chain is analyzed. Then, in the fourth part, the reason for the conflict between the two rights is analyzed, which just lies in the overlapping and crossing of the two rights, and the latent contradiction of different laws. In the fifth part, by contracted with the foreign laws, the two methods to solve the conflict of the two rights are given out. The first method is selecting and abandoning rights reasonably, and the second is to enhancing legal system. The former method is given from the judicatory and the litigation. On one hand, the judge should take measure of the public kind in the justice. And on the other hand the news reporter should take up the exemption from news torts. The latter method is given by lawmaking, which puts forward that new laws of Supervision of the Media and new judicial explanation of Civil Law should be making. And,concrete operative methods are given out in this part.