Research On Liability Of News Infringement

With the development of Chinese news, the news media has been a significant social force, whose powerful influence has been recognized by the public. And the mews media's involvement in all aspects of society, which has also led to occur the news infringement cases frequently, so the news infringement has become a key issue of concern to the field law in recent years, while responsibility of the news infringement is the heart of the problem of the news infringement, no specific legislative provisions on this issue, but rather scattered in various departments of law, judicial interpretations and administrative regulations in china. Because of this, it led to the production of disputes for the news infringement should be provided as the kinds of which tort.News infringement refers to the news units or press authors due to intention or negligence at the time of news reports, arising acts of news infringement of personal rights of citizens, legal persons or other the organization. Finding the best balance among the three for how to limit the abuse of public power, protect fully exercise of news reports of the news media and supervision by public opinion and protection of personality rights of citizens, legal persons and other organizations without prejudice, has become a problem to be solved in the legislation of news infringement. This thesis may perfect the system of news infringement in China, linking with China's judicial practice experience, for approaching a subject for the liability of news tort, references on the basis of the academic views of law and news at home and abroad. This thesis can be divided into four parts:The first part is the definition of the concept of news infringement and subject of responsibility. This section analysis and discusses definitions, characteristics, causes of news infringement and subject of responsibility of news infringement. Research on news infringement should be premised on general theory of tort, clearing News concept before addressing the concept of news infringement. It can see that the press infringement has its own inherent characteristic,according to the conditions for generation of news infringement and its specific manifestations. News tort cases occurred mainly due to reasons of the changes of the news perception, going against principle of the news truth and less legal awareness of journalists. Subject of legal responsibility of news infringement mainly include: unit of issuing new and journalist, general manuscripts, and transferring media of news infringement works.The second part is a discussion on criterion of liability and component of responsibility of news infringement. This section is from the general theory of criterion of liability, after arising news tort, process of development and evolution of its criterion of liability, pointed out that criterion of liability debate of the academic, and fault principle of responsibility of news infringement has been widely recognized reality in judicial practice in China. According to fault principle of responsibility of news infringement the news, it analyses component responsibility of news infringement, whose component include the four aspects of existing act of news tort, the subjective fault of infringer, existing news infringement harmful facts , existing causality between harmful facts and the act of news infringement.The thirst part expound acceptance of responsibility of news infringement and defense. Civil rights for damage caused by infringement often have dual interests attribute of property and non property, therefore, not only to have a content of property damages, but also to be part of the compensation of mental damage; not only property damages, but also non-pecuniary damages, in acceptance of civil responsibility of news infringement. Therefore, the part has the in-depth discussion from two aspects of the property compensation of news infringement and the compensation non-property damages on acceptance of responsibility of news infringement. Defenses of news infringement refers that the press puts forward protecting their own interests, remits fact and reason of related to liability after its news report deals against the personality rights of others and raises claims in tort. Chinese current law has the clear provisions about defenses of new infringement. This section has the analysis and certification on the law of true ill-meaning, the scope of fair comment and the specific provisions of content truth by drawing on relevant foreign legal system.The fourth part has major analysis reviews the defects and perfection of the system of news infringement in China. The defects of the system of news infringement in China mainly manifest in the following four areas: firstly, the basic definition of news infringement is not clear; secondly, criterion of liability of responsibility of news infringement is not clear on its own particularity; thirdly, the spirit damage compensation of news infringement is the lack of action. In order to solve above problem, this part focused on discussion about the method of perfecting news infringement related system in China, mainly including: clearing news infringement concept; attaching importance to the function of news infringement case and enriching related judicial explanations; according to different object, establishing different criterion of liability of responsibility of news infringement; established has actual can operation sexual of news infringement spirit damage compensation system; establishing news industry association and strengthening industry self-discipline and the recommendations of perfecting news infringement legislative system.In a word, this thesis allows news media to fully exercise the rights of news reporting and supervision by public opinion, in order to find a better system to coordinate value conflicts of press freedom and personality rights, by the above analysis and discussion of several aspects, so as to achieve the best balance of the public powers, rights and freedom of the press rights.