| With the progress of the times and social development, news media industries develop at high speed in China. Domestic media strength rapidly rises and news tort begin to appeare in large numbers. The tort is a type of civil tort and mainly refers that the press units or individuals make use of newspapers, regular publications, radio, television and other media tools to act name and other legitimate rightsthe of citizens, legal persons and other organizations reputation. News infringement lawsuit is a news dissemination activities with the citizens and legal persons of a conflict between the right personality to be adjusted legal activities. All this shows the strengthening of the rule of law, on the other hand also shows that increasing the degree of supervision by public opinion. Freedom of the press is a fundamental freedoms in a democratic country. Freedom of speech is an important form of expression and is established by the constitution that enjoyed by the citizens of speech and freedom of the press embodied in the activities. Only when the media enjoy rights of the news and reports, the media can better meet the public's right to know and the implementation of effective supervision. However, in practice, conflict may arise between the right to freedom of the press and the right of citizens. The conflict generaly arises between the right to freedom of the press and the right to privacy. It plays an important role in supervision of the government in the protection of the people and the government will listen to public opinion and pool their wisdom and to protect and promote the development of a democratic system. Personality refers to civil rights inherent in the main to preserve the independence of the main character necessary for the life and health, human dignity, liberty, as well as names, likenesses, honour, privacy and other rights. Personality of the civil code is a fundamental right and is as people who are entitled to the right to the recognition and protection of human rights. This paper is to achieve and maintain an independent personality and promote the development of individuals and an important means to improve. Information is on this infringement and on China's news infringing basic theory, constitute elements of judicial relief, such as exemption from responsibility for the analysis and the infringement of press legislation to improve some aspects of my opinion.The first part introduces the general theory of infringement news. Firstly, author introduces the meaning of freedom of the press and value of freedom of the press. Freedom of the press is the extension of freedom of speech and freedom of publication. However, abuse of the freedom of speech and freedom of the press may constitute infringement news. The concept of infringement is derived. Then, through general tort comparison, author summs up with legal characteristics of the news infringement. Finally, the news infringement dispute can be drawn. It is the essence of freedom of expression and freedom of the press and the right of personality conflicts. That is the right to freedom of the press against the personality. The conflict mainly manifests in the three conflict areas. They refer to conflict of the freedom of the press and the reputation of individual citizens the right to privacy and conflicts of news media and the state power and conflicts of the news media and public figures.The second part briefly introduces the form of the news violations. The forms include false news content and the undue criticism and comments and the use of insulting or slandering banned words and the real reporting or disclosure of someone's privacy and the lack of legal awareness wording.The third part focuss on elements and identify of the news violations. In 1993, the issue of the supreme people's court, "on the right to hear cases honorary answers to a number of issues", clearly states: shall, in accordance with the victims doing disrepute fact, behavior one offence, offence and the damage effects of causal relationship, the perpetrator is at fault subjective to that. That is generally believed that is the four elements constitute of the news infringement.Constitute infringement of the press is divided into five elements in this paper: news infringement behaviour, a fact of the right personality damage, the news there is a specific infringement at the works, the tort of people subjective fault, news personality violations and the fact that damage to the right between the causal relationship.The fourth part briefly introduces channels of judicial relief of the news infringement. After the incident of news infringement arises, news agencies should bear civil liability. Through news agency accountability, one hand is the victims of appropriate relief and the other is that news organizations will standardize their activities as much as possible to avoid the occurrence of violations. It includes non-property and property of the means of relief.The fifth part focuses on the liability waiver of news infringement. News agency is the important role of dissemination of information in the modern community. Information can produce a powerful public opinion and have brought tremendous social impact and affects the people's values and ideas to a large extent so we can not ignor it. But news reports often report inaccurate news in the media dissemination of the process. It often leads to news infringement. News Tort has gradually become the result of conflict of freedom of the press and protection of human rights, social knowledge and personal privacy, individualism and social interest. Article 35 of China's Constitution that stipulates the speech, freedom of publication and article 41 of the criticisms and suggestions are closely linked with all of the news organizations. If news organizations requested information activities without exception in the responsibility of the news agencies, the normal activities of the constitutional responsibility will be an extremely negative social impact. Therefore, in order to ensure that news agencies play a role as much as possible, it is necessary to give news organizations tort liability exemption privileges. This is basis that a press news agency can be exempted after the tort liability waiver. Then, the author analyses it from the face of the Quartet news infringement liability waiver for the analysis. The aspects include reports true, authoritative sources, goodwill criticism and fair comment, while media, and the parties agreed.The sixth part briefly introduces the reasons of occurrence of the press violations. As China's socialist market economic system establishment and perfection, democracy and the legal system are increasing the pace of building and civic awareness and the rule of law have become more conscious of human dignity and conflict of news of the civil tort is growing and the infringement dispute has become a mutual concern of media and law academic issues. Through analysis of the news violations in recent years, it is obvious that reasons mainly include the following aspects: legal knowledge shallow and lack awareness of the law, and some high-quality business journalists, industry competition disorder, contrary to the principle of truthfulness, interview improper exercise of the right to an interview.The last part discusses how to prevent the occurrence of violations news with the value of freedom of the press in China and the adverse consequences of news infringement. Author believes that in order to achieve the realization of the value of news and information and avoid infringing of the "win-win" situation, we need to adopt the following measures: strengthening the legal system and the rule of law, improveing legal training, insisting news true and strengthening industry self-regulation and building media industry norms, improving their own ideological quality and the quality of industry, and improving legislation in the areas of news. |
