Study On Verification And Assumption Of Press Tort Liability

With the rule and order development of our socialism country,the gradual advancement in citizens' awareness of their civil rights,as well as the protection of these rights,many welcome changes occurred in our country's journalism. And the press tort has been the hot issue in law circle recently. But the right of press freedom encroaches upon the personal rights of citizen or legal person sometimes,so there have to be a balance between the two sides of rights. Because of the importance of the balance,so the verification and assumption of press tort liability has been a remarkable issue in press and law circle today. So the writer chooses the title and now the whole paper is divided five parts to discuss the detail.The first part mainly discusses the general theories on the infringement act of press. In the beginning it reviews the origin and development of the press tort. There has been four time develop experienced of the news tort. Then it introduces the definition of press tort. The press tort Infringe upon personal rights,the writer discusses the exactly parts of personal rights witch the press tort harms.The second section is about the composition of the press tort,witch is the priority of liability verification. The writer thinks that will be the"four elements",but because of the specialty of the press tort,its elements of composition will be particular. The components of the press tort include the wrong doing of the press activities,the wrong doing of the news organizations and journalist,the actual infringement of the work,the effect relationship between the wrong doing and the result. This is the first crucial step in the analysis and judgment of the press torts.The third section is about the issue of subjects who have to burden the tort liability,the responsibility people. The responsibility people in press tort mean the one who did the wrong doing and had to undertake the liabilities. There have been many kinds of the responsibility people of press tort,so we must pay attention to the issue.The forth section mainly discusses the related issues of the taken of press tort liability. First it discusses the imputation of the liabilities. Then it analyzes the methods and range of the reparation. On the issue of the methods of bearing the tort liability,we must equally use property liability and non-property liability. And we should pay a lot of attentions to spiritual damage.The fifth section discuss something about the counterarguments against the claim of burdening the tort liability of the press,including the true content,the sound supervision by media,the curiosity of general public,the privilege of the press,the permission expressed by those directly involved,the public advantages.