Conflict With The Balance Of Freedom Of The Press And The Right Of Reputation

Freedom of the press is the17th century, for a democratic country, no single agency is more important than the independent freedom of the press, freedom of the press has become the majority of countries in the world established in the Constitution the fundamental rights of citizens. In China, freedom of the press is freedom of speech, freedom of the press extended from the right, a way of freedom of expression. The right of reputation is an important part of moral rights, civil entities, attributes and values of the social evaluation. The modern society is an honest society, a good reputation is equivalent to a sum of the intangible asset. Therefore, the value of reputation is to safeguard the interests of the individual to achieve the protection of human rights, the protection of personal interests, the purpose of maintaining social harmony and stability. The right of reputation is very easy to kind of personality rights had been violated, especially accompanied by rapid economic development of today’s society, the media gained unprecedented vigorous development of the growing role of the media in social life, the right of reputation is closely connected with the associated in the exercise of freedom of the press and the right of reputation, the two will inevitably conflict, especially in recent years has often been news reports against the reputation of rights on the grounds to the news media to court, and now the news media against the right of reputation has become the biggest legal issues facing the media. How equitable the conflict between the "winner still lost, loser field is still" confused scenario to resolve?China has not yet made right balance of freedom of the press and the right of reputation systematic and complete the requirements, although many experts believe that the news tort as an independent type of infringement,"Tort Liability Act to be provided, but inDecember26,2009,"Tort Liability Act and no provision on this subject. Use of existing laws and judicial interpretations balance difficult to achieve given the only contention on press freedom and the right of reputation in China. The legislation is not perfect news infringement disputes are more frequent occurrence in recent years. Therefore, starting from the two aspects of the theory and practice, clearly established news tort system in our country is very necessary. This article is from the perspective of jurisprudence, by analyzing the content, nature and value of freedom of the press and the right of reputation, in-depth study on press freedom and the right of reputation conflict, summed up the current situation of conflict of freedom of the press and the right of reputation, reason, balance different entities for the protection of freedom of the press and the right of reputation conflict, has important theoretical and practical significance for guiding judicial practice and news defamation law legislation.The first chapter the author describes the general legal principle of freedom of the press and the right of reputation. The author first outlines the origin of the freedom of the press, content, value and reputation of the right meaning, value, the basic theory for the freedom of the press and reputation have a brief introduction, laid the foundation for the below news reputation infringement of theoretical analysis.The second chapter focuses on the conflict between the freedom of the press and the right of reputation.1first introduced the freedom of the press and reputation of the connotation and characteristics of the conflict, trying to insight into the source of the news reports against the right of reputation. And then introduces the reason of the freedom of the press against the right of reputation, is also among the key issues in this chapter, only to find out the reason of the freedom of the press and the right of reputation conflict, in order to put forward the countermeasures. Next, the author describes the general form of expression of the freedom of the press against the right of reputation, which acts constitute an infringement of the right of reputation.The third chapter the author describes the balance of the conflict of freedom of the press and the right of reputation, and established the basic principles of freedom of the press and reputation balanced the protection of human rights principle of giving priority to the principle of giving priority to public interest, the principle of proportionality, the principle of equity, the difference between treat principle. Described the tendency to protect the principle of balanced by the freedom of the press and the right of reputation conflict, freedom of the press and the general character of the conflict and the conflict of freedom of the press and public figures of different solutions.