Brief Reviews Of News Infringement Problem Of Identification

In modern society, more and more modern means of information transmission, more and more news commentary into people’s lives and guide their formation some ideas. Of course, the news media who are writing reviews of occupation, but must be based on real events as a description of the object during its creation duties, if it’s contrary to describe the object, will cause the reader to know the truth of wrong guidance, so that describe the object’s lower social evaluation, due reputation have been violated. From another perspective, the process of writing is to enjoy the right to freedom of expression result "Constitution" provided, of course, legitimate career writing should not be subject to the intervention of others. As used herein, the selected case more novel and representative, reflecting the abstract and the plight of the lag caused by existing law and judicial interpretation. On the one hand, the "Civil Law" and reputation-related article is too abstract, operability is poor, difficult to apply directly to a wide variety of news commentary infringement proceedings. Secondly, "Tort Liability Act" is not infringing the news as a special kind of tort form, then press the infringement should be in accordance with the "four elements" identified.93 years of judicial interpretation Although writing articles Infringement made to explain the problem, but merely "the article is true" as a basis for infringement identified, remains unresolved problem of identification subjective.By Qihoo 360 v Ruanzi Wen Perspective case, it reflects the legal issues worth considering. So the first part of this article, on the merits and legal issues involved in the introduction of a preliminary, obtain the case verdict unreasonable conclusions. Irrational reasons behind further analysis of the second part, the relevant provisions introduced in Germany and the United States before the first analysis of China’s relevant laws, when such issues identified Where limitations. Finally, the limitations of the above mentioned as a starting point, and other aspects of constituent elements from the analyzes identified Press commentary infringement.