| Journalism is to reflect the important industries and key fields of the socialprogress of a country's level and social level of development. Infringement ofjournalism has always been of concern. It is also an important issue of theinfringement of the news commentary. This article focuses on the infringement on theinfringement of the basic characteristics and composition. Provides a theoreticalpremise for the trial which about the cases of infringement of the news commentary.On this basis, further to collect, collate recent years, China news commentaryinfringement case. Conducted a statistical analysis of the case and come to someconclusions, infringement of China's press and reviews the regulation andcoordination put forward its own proposal. Divided into four chapters:Chapter I is news comments infringement overview. This chapter first describedthe concept of news and infringement on the basis of leads news infringement of thispopular issue. And organize all aspects of experts and scholars on the definition ofnews infringement. That analysis of the characteristics and composition of the newsinfringement, and then given a detailed exposition of the general problems faced bythe news commentary infringement. Then news commentary infringementparticularity, comments with traditional news reports the difference between,infringement of news commentary characteristics and composition of a detailedanalysis, laid the foundation for the following.Chapter II is statistics, research methods and the overall situation. The aim is tocollect, collate examples of news commentary infringement cases in the judicialpractice in China, and the specific circumstances of these cases, the classification ofthe system. In order to draw valuable statistical data, this chapter first describes theapproaches of the case the source and selection of the sample selected, representationand limitations of the selected cases. Then in clear detail the specific framework ofcase statistics, and after statistics from the framework derived from a series of data. Reflected in the data at the end of this chapter for further analysis and drawconclusions.The third chapter is the news problems faced by the comments infringement.Combined with the statistical results of a series of cases in accordance with theforegoing specific cases, the first section of this chapter describes the problemscommonly faced by traditional news infringement closing time co-defendant and thenumber and amount of compensation, these issues both traditional news infringementsfaced in the judicial practice, is also a news commentary infringement can not beavoided. Section two looks at the problems exposed in the comment infringementcases in the judicial outcome of the trial. The importance of these issues, helpingimprove the quality of the trial. Section three focuses on narrative commentsinfringement cases during the trial of three difficulties. These difficulties also due tothe particularity of the comments generated. How to solve these three difficulties, willdetermine the overall level of China's press comments infringement cases heard.The fourth chapter is the solution to the problem and ideas. This chaptersummarizes the experience in many cases, first put forward several suggestions onhow to prevent the infringement of press comment at this stage, and then describes theapproach in the infringement after the occurrence of several responses to newscomments. Completely solve the ills of the press to comment on the infringement tobe effective on the news comment in the legislative implementation of the settlement.Learn from Western countries, the law of defamation on the basis of the experience,the paper concludes with the proposal to introduce the principle of fair comment.Concluded that the normal development of the news comments can not beseparated from the critics and the news media self-regulation is also inseparable fromthe regulation of the press law, but how in practice to solve the problem ofinfringement of news commentary, but also need further legislative specification. |
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