Study On Civil Liability Of News Infringing Personality Right

With the development of journalism, news infringement disputes are increasing. Particularly among the presses, news infringing personality right has the largest number, and are often more complex. New situations and new problems are emerging. So how to identify violations of personal information, as well as the right to set up, how to bear civil liability has become a hot academic attention. However, due to there has been no systematic and complete press tort law, for the right to press against the personality of the civil liability does not detail the provisions, only scattered throughout the Constitution, Civil Law and administrative laws and regulations among some, making such problems without special any laws.This paper will set the civil liability of news infringing personality right as an object.The first,begin with the concept of news infringing personality right, make it clear that what is news infringing personality right and its characteristics ,then list the four major ways of it. The second part is about the civil liability attribution problem and its composing analysis .The author set out some points to support the view that it should apply the fault presumption principle.And she supports the constituent elements of it should include four elements as follow: unlawful act, perpetrator has subjective fault, fact damaging as well as it has a causal link between unlawful act and fact damaging. And then it analyzed in detail the specific content for each element. The third part is the bearing for civil liability of news infringing personality right.Discussing that among the news media and the author who first publish infringing news articles, the source (active source and passive source), and reprinting media,how the different subjects should hold the responsibility.Then analyze the bearing method, in which the author made more detailed analysis in compensation for moral damage. The fourth, the author put forward the views and opinions about the defense subjects of news infringing personality right.It specifically analyzes the connotation of defense subjects: the news fact is basically true, the right of special permission for reporting, fair comment, principle of news value, balance reports and so on. The last, the author through analysis of Chinese News Tort legislative and judicial shortcomings, combined with a complete set of the actual situation of Chinese News Tort legislative and judicial responses.