On The Press Tort And Its Legal Constriction

In recent years, with the picking up of the democratic and constitutional course, our country's journalism has developed quickly. However, it also faces a lot of problems. Press tort is one of them. Press tort not only severely impacts on the normal development of the press but also violates the basic cores of human rights that granted by the Constitution. How to strike a balance between the freedom of the press and the protection of the rights of personality directly concerns both the credibility of the press and the interests of the masses', which is of significant importance. Combining with the current facts, the author analyses the basic theory, main types and status in quo of press tort, and then put forward relevant suggestions for legal constriction.The paper consists of three parts:The first part is summarization of the press tort. As a type of civil tort, press tort has commonness with the general civil tort as well as its own features. After learning some scholars'concepts about the press tort, the author gives hers and several related concepts firstly in this part. Then she expounds the particularities of press tort from the aspects of its liability subject, action types, subjective mentality and defense arguments.The second part is the analysis about the main types of press tort. In judicial practices, press tort mainly violates the victims'rights of reputation, privacy and portraits. Combining with some concepts and cases, the author discusses manifestation and constitution of the three types.The third part is the main body of the article. Based on data, the author expatiates China's status in quo of press tort and briefly summarizes reasons for frequent press tort litigation in this part. Then she put forward suggestions of consummating our related legal constrictions:to establish the Press Law, to establish strict journalism criterion and to establish systematic press supervision systems. Each suggestion was expatiated in details.