Measure Of Interest In The Application Of The Right To Freedom Of The Press And The Right To Personality Conflicts

The Freedom of expression plays an important role in modern social life, which can promote information flow, facilitate the public's discussion on the important issue, supervise and balance the government's behavior, and offer the public a channel to give vent, guarantee the society is harmonious , therefore, laws in various countries make it fundamental citizen right. Right of Personality is also a fundamental right of the citizens, it plays an important role in realizing and safeguarding the independent personality of the subject, including confirming and protecting freedom of person, dignity of human personality, personal life security, dignity, and independence. Freedom of expression and personality right are both result of modern civilization, none of them can be dispensed in setting up a harmonious society with democracy and legal System as well as civilization. Generally speaking, the two does not conflict . However, because of the characteristics of the news and that the rights are mutual, the two often conflict , regarding the present stage of our country as the top particularly among news activity, it is the varied dispute of infringing of news that it is especially represented. Therefore the conflicts between right of freedom of expression and personality right become problems needed badly being solved . And legal protection of both personality right and freedom of the expression all have problems in the current law of our country, especially the latter, for the administration of justice of the constitution is difficult to realize, the protection of the latter basically have no laws to abide by. Defect in legislation make us open up the path separately. The Method of Interest Measuring, which is of a methodology, have its greatest function in weighing and choosing plural interests which are conflicting with each other. Therefore, introducing the Method of Interest Measuring and solving the conflicts between right of freedom of the expression and personality right , can yet be...