Research On Responsibility Of Giving Proof On Mass Media's Tort

According to related statistical data, it indicates, recently in our country, the media's failed litigation rate became very high in mass media tort litigation. The assigned system on burden of proof directly influence the adjudge result in mass media's tort litigation. So, researching the assigned system on burden of proof becomes very more and more important.Mass Media's Tort is who used mass media ( Including news agencies,newspapers and magazines, radio and television, public websites) Against other's(Citizens, legal persons or other organizations) Legitimate civil rights(Mainly refersto the Personality rights)shall bear the legal consequences of acts and facts inaccordance with the law.As an important concept of Procedural law, the burden of proof of the value of the most important is to judge the facts of the case can not be provided to identify a legitimate basis for decision, avoiding the real result of the embarrassment can not appear.In mass media tort litigation, if abide strictly by the principle that "who propose, who proof", it is unjust fit mass media. If follow this principle automatically, namely, the news' contents are facts, it doesn't show that equal protection on rights of free press and reputation. This burden of proof takes the mess media tort as usual tort, and doesn't consider the character of mess media tort.In mess media tort litigation, we can't use completely the principle that who propose who proof to ask for mess media afford the burden of proof, actually, it is unjust for mess media. In judicial practice, accusers should be asked for providing evidence that can proof four components resulting in mess media tort. If lacking of any one component, the accusers will lose the litigation. In this case, the mess media will play a better role in our daily life.This paper analyses the news media characteristics and the overseas related experience, and makes a research on how to assign the burden of proof correctly in mass media tort litigation according to our country actual law criterion and actual situation in mass media tort litigation.This paper mainly divided into four chapters, as following.1. The summary on mass media tort litigation. This chapter, mainly, introduces the conception, composition and type of mass media tort, and distinguishes mass media tort from usual tort.2. Assignation of burden of proof. This chapter includes the basic principle and signification of burden of proof, and main viewpoints of the burden of proof in mass media tort litigation.3. The characteristics and corner of mass media tort litigation in our country. It expatiates how to assign the burden of proof correctly in mass media tort litigation.4. The future of mass media tort litigation in our country. This chapter analyses the news media characteristics and the overseas related experience, and put forward a suggestion on related system construction of mass media tort litigation.