Study On Government Under Law Analysed Through Media Management

Chinese legislation on media is a tough process, and this article aims at overall and systematic study on the subject. Starting with a review on the making history domestic journalistic legislation, the article makes an analysis on the actual function of the current legal system related to journalistic practice. Having affirmed its positive impacts,the article points out that the current legal system fails to adjust, efficiently or forcefully,the relations between journalism and the state, the society, as well as the public, which is cause by some inner limitations like its low legal rank, ambiguous legal executors, faint applicability, unfair regulations on rights and obligations, and so forth. Then the article decides that a special law on journalism is badly needed in China, which goes from the following three aspects: to construct socialistic democracy, to dispel the pressure brought by increasing news lawsuits, to safeguard the journalists' legal rights and promote the media's social functions.As a rational summery to the historical journalistic legislation in China, the article, for the first time, probes into the drafts of the press law in the past, discussing their aspiring sides and shortcomings and, their use for further reference. Based on that, the article sheds light on the obstacles of Chinese journalistic legislation, includes such elements as the approaches to realize the freedom of press, the contradictions between the Party's ruling over media versus the ruling by law. At last, from the angle of multinomial legislation, the article discusses some domestic legislation related, directly or indirectly,believing to the protection over "supervision by public opinion" or the right to know that it is a make-up behavior under the condition that a special press law is absent, and that it will serve as valuable references for our further efforts and a bridge to the final perfect journalistic.The article discuss the confict and balance between the right to report news and other rights in operation. The essence of the right confict is benefit confict and value conflict, and the main reason of this right conflict is the mutuality and fuzziness of right, growth of civil right consciousness and scarcity of resources and so on. The benefit zero-method from benefit legal science has provided us with tools to solute contradictory. With the aid of method such as consideration about the ranking of value and the maximization of beneficial disposition, analysis on conflict between the right to report news and civil right of reputation and privacy,between national judicial authority and national security has been launched through massive cases. In the judicature were emphatically discussed. And through the analysis on the rule of news report, the article has discovered the technical reason for the conflict and contradictory, and has proposed principle and concrete suggestion for balance.The article also deals with an observation of the news legislation in China and in western countries. It will examine the historical process of the news legislation of them and try to understand its main content .In so doing,it intends to offer a comment and an annalysis of their characteristics and the problems wherein so as to comprehend the regular pattern of news legislation.