Discussion Of Conflict And Balance Between The Freedom Of Press And The Right Of Reputation

In recent years, the freedom of press often produces friction with civil fundamental right, and even resort to the court. The legitimate rights that another person had not only frequently been encroached on to the happening of news infringement have more influenced the sound development of the Chinese journalistic enterprise. When freedom of the press and the protection of civil reputation right happen to conflict, we should tell which right is lighter which is weightier? How keep the balance of two relations? In a word, the freedom of press and reputation right as the right of two kinds of foundations can not be neglected because of overemphasis either. This text attempts to analysis news legal formation and plea instance, from the production and the development of the freedom of press theory. The article seeks the way how to keep the balance between the freedom of press and reputation rights, with the means of self-regulation and heteronomy.This text is composed of three chapters:The chapter one discusses the significance of the freedom of press, through the analysis of expression of freedom, the right to know, sets forth the legal characteristic of the freedom of press. It is inevitable to the history that the modern freedom of press theory that serves as the core with the theory of society responsibility changes to have inquired into the traditional freedom of press, and has also established the basis of theory for the analysis of the news self-regulation of the back literary composition.The chapter two discusses mainly the conflict between the freedom of press and the reputation right, beginning with the analysis of the legal characteristic of reputation right, inquire into the cause that the news infringement of reputation right, systematic set forth the affirmed qualification of the news infringement of reputation right and plea instance of the news infringement of reputation right.The chapter three is on encroaching on the basis of the full analysis of the news infringement of reputation right, and attempted to from two angles of news self-regulation and news legal system, and sought the effective way of solving the freedom of press and reputation right protection and conflicting. This part is mentioned from the history origin of the news self-regulation, and bases oneself upon the Chinese actual conditions, and has used for reference more external practical news mechanism of self-regulation, and in the hope of by way of the perfect of China news self-regulation system, standardizes the news propagation activity of the medium and exercising of freedom of the press right. In view of the current situation of the Chinese news legal system, by way of improving the news legal system, the road of seeking the heteronomy just also becomes an indispensable way solving the freedom of the press and reputation right protection conflict.