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On The Analysis Of The News Tort Action System

Posted on:2013-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:D L YuFull Text:PDF
GTID:2246330371491158Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
News infringement lawsuit from appearing to climax in China only after a few decades, but in its development process in the formation of the following special: special tort litigation subject, special, special liability litigation cost, special. News torts exist for these special decided it and general civil tort litigation is different, but in the judicial practice, because there is no update procedure system, still apply the ordinary civil litigation system trial press tort action, a lot of problems, the most typical are:the parties to determine standard, under the jurisdiction of the court is too strict sure, the distribution of the burden of proof. These problems make the courts in the trial of news infringement disputes, to protect legal rights of parties, to ensure that the people’s court to ascertain the facts, find out wrong, apply law correctly, timely trial of civil cases, confirmed the civil rights and obligations between objectives. Therefore, should establish" temper justice with mercy" litigant system, establish the type of jurisdiction system, establish incomplete" no-fault liability" distribution system, as the three major system as the basic point to push forward China’s news lawsuit system improvement.
Keywords/Search Tags:The news tort action system, Parties system, jurisdictionsystem, onus probandi
PDF Full Text Request
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