Research On Liability For News Infringement System

With the development of the modernized-construction undertakings in our nation, the undertakings of news in our nation have developed rapidly. The extensive intervention of news to the modern life leads to a large number phenomena of news infringement. When rights are infringed, it is necessary to adopt rights-relief systems. So the liability for news infringement has increasingly become the hot point problem in theory and practice. This essay will deal with this question. After the analysis on the characteristics and the types of news infringement, the author has researched the basic theories and practices of liability for news infringement system and presented her own views. It is hoped that by learning from the foreign countries'mature experience in legal constructions and legal theories, considering the practices on news infringement in our nation, our nation's liability for news infringement system can soon attain its perfection and completion. This essay will be divided into four chapters: Chapter One Character and Type of News Infringement. As to news infringement's definition, there exist different opinions in the academic fields. Through comparison and analysis, this opinion is presented: Medium and natural persons infringe the personal rights of corporation and natural person with news'works in the activities of the news communications. The author has summarized the characteristics of news infringement from four aspects: Subject of news infringement has the characteristics of complexity and specialization; Object of news infringement particularly means the personal rights of corporation and natural person; The contents and methods of news infringement have its particularity; The consequences of news infringement are serious. As to the types of news infringement, the author has adopted three different standards: According to whether the plaintiff of news infringement is public person and whether the content of news infringement is concerned with public interest, it is divided into: the plaintiff is public person and the content is concerned with public interest; the plaintiff isn't public person and the content is concerned with public interest; the plaintiff is public person and the content isn't concerned with public interest; the plaintiff isn't public person and the content isn't concerned with public interest. Inside, the author has emphasized the definition of public person. According the infringer, it is divided into news infringement purposely and news infringement faultily. In order to strengthen the purpose of the types, the author has explained the means of different types directly. Chapter Two Criterion and Constitution of Liability for News Infringement. As to criterion of liability for news infringement, the author has thought principle of fault liability should be adopted in liability for news infringement. The estimated principle of fault liability adopted in news infringement is special principle of fault liability. As to its constitution, the author has thought that the different positions of freedom of news in public law and private law have demanded the constitution is complex necessarily. The constitution still accords with the theories of the traditional civil law, but it has its own specialty: The works of news has already published. The works of news has infringed someone's personal rights. The works of news has pointed out specially. The person has faults. Chapter Three Assumption and Exemption of Liability for News Infringement. As to its assumption, the author has explained the subject of assumption and the methods of assumption. Through comparison and analysis of the subject of assumption in different countries, the author has thought that medium and writers are the subjects of assumption. The methods of assumption include spirit comfort, compensations of spirit damages, compensations of property damages. Inside, the author has explained the corrigenda and reply point by point, which are often adopted by spirit comfort. As to the compensations of spirit damages, the author has thought it is necessary to determine it according to the conditions of the infringers, the subjective minds, the concrete conditions and the consequences of the damages. As to its exemption, it has three aspects: the reliable sources of information, the value of the contents, fair comment. The reliable sources of information include the agreements of injured persons and the sources of authorities. The author has also particularly explained public persons and public interests, which have been consisted of news values. The author has pointed out that public values consist of the appropriate values and the...