| For recent years, with the development of the Market Economy, the gradual acceleration of political democratization and news reform, and the widespread reinforcement of the people's law consciousness, there is a great increase in lawsuits of news infringement. The crazes of going to law against mass media and reporters make news agencies and journalists extremely tired so as to be in trouble, which is spectacular and thought-provoking.China has seen written laws as the sources of laws traditionally since ancient times, so that laws and documents made by bodies with legislative power can adjust all social relations. What is more important, the conflicts between constant and complex lawsuits of news infringement and backwardness of the present laws and regulations are increasingly protruding. In judicial practice, the existing shortcomings in news infringement laws make it in trouble how to adjudicate endless news infringement lawsuits, which isn't beneficial to the development of news as well as protection of citizen rights, so that the exploration and research about it is worthwhile theoretically and practically.At present, although the research to news infringement has become a hot subject in the sphere of learning, on the whole, there still exist many problems such as researches with strong feelings, even misunderstanding present laws and so on. This paper will, focusing on the three lawsuits of news infringement: fame right, privacy right and portrait right with combination of exciting, concrete and effective cases of news lawsuits, analyze deeply existing fallacies in present laws and propose solutions to them.The paper falls into four parts.The first part is about conception of news infringement, telling the definition and composition and responsibility from news infringement, sorting in brief the present laws of news infringement to get rid of hazy understandings. As a special type of civil infringement, like averageinfringing acts, news infringing act is referring to the act that illegal actor infringes legal rights. Although there is something in common between acts of news infringement and acts of infringing property and person, the former differs from average act of tort because of its features and laws.The second part is about several fallacies in news infringing laws, and will analyze in detail the existing conflicts and problems. The part can be divided into three minor parts further. The first will talk about truthfulness in news infringement fame, including inversion of who is responsible for putting to the proof has had influence on truthfulness, and analyze those problems to be solved immediately which result from those fallacies. The second part is about the dilemmas of determination of news infringement privacy analyzing the deficiencies of protection of citizen privacy make it quite passive how to protect privacy by laws. The third is about the dilemmas in determination of news infringement portrait, mainly talking about the limitation in legislation and judicature of portrait right.For news agencies, at the same time of asking for legislation of news, to pay attention to self acts and seek for the solutions to avoid acts of tort in present laws is an effective means to break through the dilemmas and maintain self rights. The third is about civil liability of news infringement, analyzing mass media and reporters how to exempt from or diminish civil liability when facing infringing lawsuits.The fourth part is about acceleration of news legislation, thinking that an essential means for news circle to get rid of the dilemmas is to correct and perfect the existing congenital defects in present laws, insisting that in trials of news infringement, responsibilities to put to the proof should be assigned among parties to change the fact that media alone is responsible for putting to the proof, calling on establishing the punishment system of abuse of lawsuits to prevent reported objects from making unkind and dishonest lawsuits to harm media and reporters' rights. The part will p... |
PDF Full Text Request