The Thinking Of Jurisprudence On Trial Of News Tort

DuRong v. ShenYafu MouChunlin, ZhuHong v. ShangHai newspaper of Science and Technology, SongJianping v. Qianjiang Evening newspaper, FanZhiyi v. Wenhui-Xinmin Press Group, and YangLijuan v. Southern Weekly, are the classical cases of news tort in our country. From these cases, we can know that news tort is precisely the conflict between freedom of moral rights and freedom of press derived from freedom of speech. When we explore the relationship between the two carefully from the perspective of jurisprudence, we can find they both have the unity and contradictory. The unity reflects that the two both belong to the same constitutional right, but also constitute the basic civil rights, and the areas of freedoms, which are essential to improve personality rights, and it also reflects how a modern democratic country thinks highly of human rights. On the other hand, the contradiction is that the freedom of news means it is open, initiative and out-stretched, but the personality right is conservative, closed, private. Therefore, our trials of news tort should primarily focus on how to balance the relationship between freedom and personality right to carry this issue.Compared with other tort trials, the trial of news tort has its unique features:the supervision of news report may affect the trial, a higher degree of public concern and the value orientation of the judges have a significant influence on the trials. Seeing our news infringement in the early trial results, we should also be aware that the basis is still not perfect to our country's news tort trials, for instance, the individual trials are arbitrary large, same types of cases get different decisions, the media lost at the high rate, defects such as imbalance between the trial results.U.S. news tort has unique judicial system. Drawing on its experience, we can improve our trial of news tort from the following aspects:the judges should establish the concept of equity between the freedom of the press and the citizens'moral rights; and determine the trials tended to protect the principles of freedom of the press; Also, they should order the relevant cases to publish the guide of the cases; and find the same approach to judging the same types of cases. As for the practice cases that not yet been agreed for, the judges need to consider the social effects and the legal effect to the trials, and to focus on the principles of justice combination with flexibility.