Study On Media Torts And Its Legal Solution

Since1987, the general principles of the civil law of the People’s Republic of China "came into effect in judicial trial, tort, in violation of reputation, privacy and portrait Sue journalists and news media’s case-the" infringement "media continues to increase, each year hundreds of calculation. Media of infringement cases appear, on the one hand is the legal concept and rule of law consciousness, on the other hand also shows that China’s media tort legislation is not perfect and the news media practitioners to business literacy and the lack of legal literacy. This article USES the "analysis, ask questions, solve problems," the thinking of writing and supplemented by a large number of vivid examples, first analysis the particularity of media tort cases and media tort litigation is a massive increase in reason, and then to our country related problem in the process of media tort case is analyzed. Finally put forward the control countermeasures of media tort in our country.This article is divided into five parts to write. The first part of the introduction. In the introduction section of the status quo of media tort, this article research background, a brief outline, and raises the significance of this article. The second part is theory analysis of media tort, from the definition of media, the social function;The concept of media tort, constitutive requirements and the causes of five aspects, for the particularity of media tort in-depth and meticulous analysis, make the reader to the media tort has a more comprehensive understanding. The third part is the focus of this article, combined with our current media tort case applicable law in the process of the status quo, list five relative research significance to discusses and analyzes the problems, puts forward the author’s own views.The fourth part for the control of our media tort related countermeasures. In this paper, from the legislative, judicial,law-abiding three aspects put forward relevant countermeasures, the fifth part is epilogue.In part five of this article, the second, three, four parts is the focus of this article.At present the study of media tort mainly from two aspects of law and journalism studies, due to the subject foundation is not the same, focus is also different. In media tort happens how specification is law research focus on legal rights;How to prevent the occurrence of news tort, and happens in self-discipline within the framework of how to deal with the research emphasis is journalism. The author mainly from the perspective of law, this article carries on the analysis research. Put forward some own views, such as:continuous reports should not be a media tort "impunity" gold ",the network service provider to take more responsibility for MicroBlog infringement and so on...