Comparative Study On The Problem Of The Press Violation Of Reputation Rights Between China And America

With the rapid development of the press in China, the problem of the press violation of reputation rights is becoming a distinguished social phenomenon. Today, China is still lacking in effective measures to deal with the problem. This paper, basically starting with the lawful protection of reputation rights, aims to find ways to contribute to the solution to the problem by comparing the chief components , object cognizance, origin of deraignment and conflicts of rights in these two countries.On the cognizance of the problem, the differences between Sino-U.S. are embodied in the distinct principles of violation responsibilities and the different provision on the cognizance of the reputation of public figures, the dead and administrative office. On the contrary of China, America's principle of "actual malice", concept of "public figures" and the non-protection of the dead and administrative office, to the degree, realize to protect freedom of the press.,On the origin of deraignment, the differences between Sino-U.S. are expressed on the range of protection and the responsibility-immune effectiveness of origin of deraignment, and the ways to take on quoting responsibility. Actually, the inversion of the ways to take on quoting responsibility, protection of the expression of pure opinion, and the privilege offered by the Constitution strengthen the protection of the press. But in China, the regulation and application of origin of deraignment can not protect the press.The conflict between freedom of the press and the reputation rights is caused by the inherent division illegibility, the imperfectness of laws and improper use of rights. The reason why Americans succeed in dealing with the conflicts lies in their creation and adjustment, while we are faced with difficult situation mainly because of the lack of correlative law solution systems.Under the nowadays condition, to deal with the problem of the press violation of reputation rights, China can start from these aspects such as making specific laws for the press, improving all citizens' concept of laws, strengthening the press morality and establishing interrelated social security systems.