Study On Press's Tort To Reputation

Freedom of press and the protection of right of reputation are related to the development of press industry and guarentee of private rights.By relating and analysing the freedom of the press,the press defamation to the right of reputation,legal liabilities as well as the flaw of our country's press defamation legal system,through referring to Chinese and foreign legislation and legal practice,this thesis means to solve some problems in legal practice as well as to attempt to perfect our country's legislation of press defamation to the right of reputation.In the first chapter,writer introduces the conception of the freedom of prss and therotical foundation briefly,aiming to make the basis for the analysis of press's tort to reputation.The second chapter gives the conception of press's tort to reputation,essence,and categorize press's tort to reputation in accordance to Chinese and foreign leglislation.The third chapter discusses the constituent elements of press's tort to reputation from two aspects of common and special press's tort to reputation. The writer also advises the constituent elements of special press's tort to reputation in the basis of protection to freedom of press,and suggests the main difference is the posive aspect in accordance to the "principle of practical hostility".The fourth chapter shows the legal liability of press's tort to reputation which may be civil or criminal liability. Writer advises the limititions of these two kinds of liability,by analizing them. Then the writer categorizes the absolution of press's tort to reputation.In the fifth chapter,writer shows and analises the flaws of China's domestic press's tort leglistation,and attempts to advise the perfect it.All in all,this thesis is based on our country's condition,and absorbs some good therotical fruits and experiences in foreign lesgislation,by categorizing common and special press's tort to reputation,writer attempts to perfict our country's press's tort to reputation legislation and judical practices.