Recessive Interview And Protection Of Personality Right Of The Interviewees

Recessive interview is an interview accompanied with the dominant interview; it is an interview mode emerged with the development of society. As a news concept, it is not a new thing, the news history of Chinese and foreign have referred to many. To promote social development and meet the needs of the people's right to know, recessive interview is of great significance, but because of its own characteristics and the existence of various human factors, it is easy to violate the personality right of the interviewees in the interview process, therefore, how to promote the development of recessive interview, and at the same time to promote the protection of the personality right of the interviewees does not become a non-face issue.This paper is divided into four chapters. Chapter 1 comprehensively expounds the origin of recessive interview and its legal regulation, the concept of recessive interview, characteristics and nature of recessive interview, the meaning of the right of recessive interview, the conflicts between the right of interview and the personality right and other fundamental questions from the perspective of comparative law. Recessive interview can be traced back to the famous 1890 "the Interview of Pretending to Be Madness"in the earliest news history. In China, recessive interview started from the reality of the early 20th century's frequent internal turmoil, social turmoil, and through the normal interview to recorded news events is difficult to implement. As to the concept of recessive interview, scholars have different views. The general view is that recessive interview is a interview methods that"do not open their capacity as reporters, disguised as other status or though public the identity of reporters but hide real interviewed intent","It is a methods collect news materials through covert filming, sound recording, etc". It includes interviews conduct with the hidden nature, the purpose of the interview is very targeted and aimful, and the theme of the interview with particularity, the risk of the interview process, the authenticity of the interview effects, and its own characteristics. In recessive interview, because of the different characteristics and nature of the right of interview and the personality right, the two are most vulnerable to conflict in many prospects. So it is necessary to balance the relationship between the two.Chapter II discusses the principles of liability in recessive interview infringement and its constitute elements. As to the principle of liability of news infringement, domestic scholars have different points. After analyzing a variety of viewpoints, we believe that, news infringement should not apply the principle of no-fault tort liability and the principle of fairness but should apply the principle of presumption of fault. At the same time, as the right of interview and the personality right of the interviewees are two equal rights ,when they conflict, we must not protect any one at the expense of another one, and we should balance them at all aspects. For violating the personality right of interviewee constitute elements in recessive interview, the theoretical circles have different views. We believe that, because of violating the personality right of interviewees belong to one form of news infringing personality right in recessive interview, it should be identified from existence of violating the right of the interviewees illegally, the victim's personality right has harmed, infringer has subjective mistakes, there has a causal relationship between the consequences and the damage and such four areas, and other elements should not be applicable.Chapter III analyzes specific acts of infringing personality right in recessive interview. In China, specific personality right includes human dignity, reputation, image rights, and the right to privacy. This paper deals with related concepts and their characteristics, and discusses various forms of violating the personality right in recessive interview combined with the examples.Chapter IV proves the civil relief of infringing the personality right of the interviewees in recessive interview. The damage caused by violating the personality right of interviewees in recessive interview includes two forms: on-property damage and property damage. Then, corresponding civil relief methods to such violations should also be divided into non-property and property relief. At the same time, we believe, to civil relief of violating personality right of the interviewees, the means of non-property and property are equally important, there should be no distinction. In this paper, in order to look forward to the help of Chinese relevant legislative we have given a more detailed exposition of the property means relief of damaging the spirit. Finally, in view of the recessive interview, protection of the right to privacy legislation lags behind and the inadequate status of the property of non-property relief legislation, the author puts forward legislative proposals.