Jurisprudantial Analysis And System Establishment Of Covert Interview

As a means of covering, covert interview is now widely used, however, it intrigues great discussions in circles of theory and practice, because of its deceiving in essence and many parties'interests it involves when used. By analysis of covert interview on enterprises,author hopes that we can open out the relationship among media, government and enterprise, profoundly understand the issue of covert interview by seeing the whole through drops, and bring forward the measures of solving problems.This paper proceeds with studying the definition and sorts of covert interview, probes into existing conditions and existent questions of covert interview on enterprises, and points out that covert interview may collide with rights of honors of enterprises, business secrets, professional ethics and personal safety of reporters, and social general faith in media. Seeing about the learning history, this paper introduces the research histories and basic points of view on covert interview both in home and abroad, and summarizes the bones of contention and existent deficiencies on the issue of covert interview. After that, on the basis of China's practice, penman discourses upon the rationality and necessity of covert interview. Covert interview is rational, because it is the embodiment of Constitutional Freedom of Speech and one of its implement measures, the right of gathering news, and because it also meets the needs of the exertion of social rights and achieving social value of pubic medias, even because it is a necessary measure of balancing enterprises and consumers in market economy. Meanwhile, covert interview is necessary, because under the circumstances of undeveloped market economy, the government, which has the power and liability of governing enterprises with illegal actions, cannot exert her function well due to corruption, locality protection and so on, and because usually a single person cannot take on the responsibility of supervising the illegal actions of enterprises for lack of ability, so the media which relates a lot with the government has the obligation and ability of taking the burden of supervising enterprises. At last, in allusion to the existing problems of covert interview, this paper discusses the necessity of regulation of covert interview and makes some suggestions: legal regulation, self-discipline and social supervision.