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News Infringement Of Right And Its Precautions

Posted on:2008-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2178360215470971Subject:Journalism
Abstract/Summary:PDF Full Text Request
In the life of society and the construction of democratic legal system, news opinion supervision plays an important role. However, it is easy to hurt the legitimate interests of other people without proper uses. In recent years the civil violations caused by news infringement, has triggered a growing trend. The appearance of large numbers of tort lawsuits, reflects the complexity of the market economy. As it has a seriously negative impact on journalism, news infringement is becoming the focus of attention to media and legal circles.The thesis starts from the concept of news infringement, analyses the distinctions between general tort and news infringement tort, with the following notable features : the single subject of implementation, diverse modes, various right damages, the rapid and extensive impact, object of infringement lawsuit constantly expanding, the copyright dispute increasing. Negative social impact on news tort lawsuits is far greater than that in the general tort. The we can induce the main infringement forms , such as copyright of infringement, news insult, the defamation, false reports, exposed privacy. This article analyses the subject and object of news infringement and its elements in detail .Unified a great deal of news right infringement cases, this article has thoroughly discussed the reason which the news right infringement produces from the subjective and objective aspects. Firstly, looking from an objective point of view, the news management system reform and the enhancement of the public law consciousness, cause some news violations dominance which existed since long ago, Some news events because of itself particularities, its characteristic of fuzzy separatrix , and the request of news actual effect, etc, these objective restriction make it difficult to avoid information deformation in the process of Information dissemination. Secondly, looking from the subjective aspect that, the minority of journalists pursue a sensational effect, by means of groundless accusations and subjective conjecture, these lead to information distortion. Partial journalists have light law consciousness, interviewing not thoroughly, not checking the commentary and the edition ineffectively, low service quality , so that news right infringement happens. The individual journalist lacks the occupational ethics, creates false news information for fame or profit, seeks to obtain personal profit by the news power, and plagiarizes the other people works, all these behaviors cause the news right infringement.To avoid infringement of press, the fundamental problem lies in raising the operational capacity, the legal system consciousness and the theoretical level of journalists. The article highlights the preventive measures, such as improvement of work waysto minimize the report content not to be in accordance with the facts as far as possible;role-based persist and improvement of professional knowledge and responsibility of journalists; accelerating press legislation, improving and perfecting the news law system, strengthening the training of journalists, etc. The measures will serve as a warning to risk prevention and aspiration to infringement of the journalists to meet the press.
Keywords/Search Tags:the supervision by public opinion of news, news infringement of right, tort elements
PDF Full Text Request
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