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Research On The Legal Issues Of Infringement Of News Hidden Interviews

Posted on:2019-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y K LiuFull Text:PDF
GTID:2436330551460608Subject:legal
Abstract/Summary:PDF Full Text Request
The continuous development of journalism has made the means of interviewing increasingly updated.The use of covert interviews by news media to conduct news surveys is no longer new.From its initial use until at least 20 years ago,it has caused the press and the legal community.The great controversy,but the covert news interview as a special means of interviewing,survived to the present,because hidden interviews have the effect of general explicit interviews can not reach,coupled with its social purpose has a high degree of justice Sex has always been loved by the people.The current debate in the academic community focuses on whether it meets ethical and legal requirements.The covert news interviews involve the law of journalism and tort liability,which is of an interdisciplinary nature.The "illegal" nature of covert interview methods conflicts with the justice of social purposes,causing a series of contradictions,such as the public’s right to know and citizens’ right to privacy.Conflict,conflict between press freedom and legal protection,etc.At present,China has not issued the "News Law." There are also few laws and regulations concerning implicit interviewing of news.Now it is only possible to rely on the Constitution,the General Principles of Civil Law,and the Criminal Law to regulate it.A large part of the recessive interviews are conducted.Also relying on industry self-regulation norms,news media supervision agencies issued some industry self-regulation provisions,but the nature of protection is obvious.It is not a long-term plan to covert the issue of implicit covert news,and it is even necessary to include such types of violations.Into the common type of civil tort.The use of covert news interviews often results in damage to the right to personality such as citizenship rights,reputation rights,privacy rights,etc.,and even causes serious mental damage to citizens.The media has become a common phenomenon and has attracted widespread public attention.The infringing party has a strong sense of self-protection and forms a sharp conflict with the public’s right to know.The judge has certain difficulties in determining that it constitutes infringement,and different forms of infringement will cause different rights to be violated,and different rights have different The reason for the defense is not exactly the same as the general civil tort defense.In particular,its own particularity,Wang Liming,a well-known Chinese scholar,once cited more than twenty kinds of defense reasons.The author believes that the problems should be carefully analyzed.The first part of the paper analyzes the concept,characteristics and causes of the recessive interviews.The second part analyzes what kinds of rights of citizens are violated by covert news interviews,and analyzes their forms of infringement and defense reasons.The third part analyzes in depth the constitutional elements,the subject of the infringement and the scope of compensation of the covert news interview,and analyzes the infringement.The fourth part puts forward several suggestions for improving the existing laws and regulations and further analyzes other legal issues arising from this phenomenon.We hope to find some solutions to this social phenomenon and include news infringement in civil torts.One type and fix it down.Due to the limited reserves of current knowledge,the theoretical analysis capability is still not deep enough,and it is not yet possible to put forward sound proposals.We hope that we can continue to conduct in-depth studies in the future and find effective solutions to make a modest contribution to the construction of the rule of law.
Keywords/Search Tags:Tort, Hidden interview, The defence
PDF Full Text Request
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