Research On The Questions Of The News Media Tort On The Legal Person’s Reputation

With the development of market economy, legal person’s flexible daily life to people is producingmore and more big effect with social stability and development, news media is carrying out the supervisionby public opinion representative as the public, it’s position in social life does not admit ignoring. But thatlegal person’s fame weighs up couple of legal persons all-important, is that law gives legal person’spersonality to right, public opinion authority to supervise is constitution creation-based right, has it’slegitimacy. Compared with the natural man, the relation between legal person’s right of reputation and lawbenefit such as freedom of speech, supervision by public opinion is more rapid and intense, but in recentyears, the relation between the legal person and news media displays one kind of strained state, that bothsides often argues in the courtroom because of right of reputation tort problem, is to cause destruction toboth sides finally sometimes but, the dispute between the treatment legal person and the medium brooks nodelay therefore appropriately.Our country legal person’s right of reputation legal system stipulates comparison to be put intoeffect briefly at present, comparatively difficultly, in practice encroaching on legal person’s right ofreputation in news media, much problem all difficult to get clear and definite, convincing solving,therefore, take actual judicial practice as the visual angle analyse our country news media encroach on legalperson’s right of reputation dispute current situation and the problem, the method solving will appearespecially necessary the dispute studying.The main body of a book the secret agent has chosen2002-2012years relating to news mediaduring the almost ten years in Peking University law intention net case warehouse encroach on33concretecase of legal person’s right of reputation, the judiciary coming to study our country news media encroacheson the legal person’s right of reputation problem has been engaged in current situation really, defendantwho thereby, reaches current news media of our country encroaching on several characteristic of legalperson’s right of reputation problem, is that the more and more many network medium becomes newsencroaching on legal person’s right of reputation; The news media win the lawsuit rate is higher than lose alawsuit rate; Law case lodges an appeal leading height, mediation to wind up a case leading low; The court judges subject matter of an action ups and downs greatly, ultimately paying for a number and initialplaintiff claimant number discrepancy is big; The demand is middle in plaintiff’s appealing, the spiritcompensation for damages quilt in the often is mentioned; The way undertaking responsibility has includedlaw case middle, news media losing a lawsuit in medium mostly removing effect, the fame apologizingand recovering; Law case’s try efficiency improving to some extent, great majority law case all can wind upa case within shorter time waiting. Here, on the basis, analytical our country encroaches on legal person’sright of reputation dispute problem in solving, is plaintiff lattice problem suitable in connection with newsmedia; Onus probandi assignment problem; Concrete delict of medium firm belief; Responsibility bears aproblem; Problem about network medium tort; High lodging an appeal, mediating a problem low and so on.The legal principle encroaching on the legal person’s right of reputation problem combining with checkingnews media finally is analytical, solving trying to encroach on the legal person’s right of reputationproblem to our country in connection with news media submits beneficial suggestions, are: The clearstipulation state organs legal person enjoys right of reputation protection,"whose view put into effect,who enumerates the onus probandi principle proving ", the concrete delict ascertains the different decisionstandard specifically for the medium, the property perfecting legal person’s right of reputation damage paysfor system and spirit compensation for damages system, the network perfect medium encroaches on rightof reputation relevance laws and statutes, the introduction diversification dispute resolving mechanism.