On The Legal Problems Of The Infringement Of The Right Of Reputation By The Supervision By The Public Opinion Through Press

The supervision by the public opinion through press is one of the important functions of media. With the development of journalism, the supervision by the public opinion through press is highly emphasized by the CPC and the government, and it also draws extensive concern and active participation of the public. It supervises governmental activities, government employee, public figures and judicial judgment. But it often infringe on the right of reputation of others, so that series of prosecutions on the infringement of the right of reputation by press are initiated.Part one of this thesis is about the concept of the supervision right by the public opinion through press. Legislation and characteristics of it are also introduced. Prosecutions concerning the infringements of the right of reputation by the supervision by the public opinion through press take a large number in the prosecutions of right infringed by press. Besides general characteristics, this delict bears its own characteristics: it occurs in the process of the propagation of news; the result is severe and contradiction between public right and individual right can be reflected to some extent. The reflection of this delict can be classified into the following types: the falsehood of the content of news; the improper news comment; commendatory news and the falsehood of pictures.Part two is mainly the explanation of the formative components of the infringement of the right of reputation by the supervision by the public opinion through press. There are five components: there must be the fact of the infringement of the right of reputation; there must be the behaviors of the infringement of the right of reputation; the work infringed on the right of reputation should carry specific orientation; there must be a reason and result relationship between the behaviors and the fact; the behaviorists are subjectively wrong.Part three is the explanation of the reasons for plea for the infringement of the right of reputation by the supervision by the public opinion through press. The reasons for plea are the requirement presented by the defendant...