News Infringement Study

Liberty of speech is an inherent and inalienable right for a person. It, as well as freedom of press, is a basic right endowed and protected by the Constitution, which is necessary for every citizen and the whole society. They reflect people's elementary benefit of being the owners of their own country. Having such freedom, people can express their opinions legally and the government may get to know people's volition and desires. In the modern society, there is no department to collect and promulgate information except for the press or media. If there is no freedom of the press, there is no independent organization to supervise the government and make objective and timely reports on politics, economy, culture and so on. If there is no freedom of the press, there is no right for the people at all to know about governmental policies and social affairs. Hence, a well-organized media is becoming another potency besides the government. As we all know, where there is potency, there is malversation. Thus freedom of the press may also bring tort. For instance, defaming or insulting others, throwing daylight on others' privacies, impinging on others' portraits. Once those torts occur, the rapidness and unilateralism of media will bring irreparable hurt to the party. So when freedom of the press collides with people's, personalities, which is more important? How to balance their relationship? This article tries to prove that to make a law and confirm the confines scientifically between freedom of the press and protecting people's personalities is the best way of solving such problems. Based on the general theory of freedom of the press and media torts, using the methods of analyzing the concepts, explaining the correlative laws, balancing different benefits, comparison and contrast, this article gives a detailed illustration with three parts to the basic theory of media torts and its regulations, and make a serious study on how to construct freedom of the press as well as protecting people's personalities.The first part introduces and explores the general theories of media torts. Freedom of the press is a basic liberty endowed by the Constitution. It plays a key role on guaranteeing people's supervision over the government, the government's consideration on the people's desires, and promoting the development of thedemocracy system. Once the freedom of media exceeds its confine, the media will impinge on a juridical person's personality, which is called the media torts. And the mechanism for investigating and processing media torts is the Fault Principle. Every media tort must be consist of four components, they are: the fact of being infringed, the infringing actions, and the fault of the doers, the causality between the infringing actions and the impaired consequences. Specific obligation always coexists with specific causes of demurrer. The demurrer causes of the media infringement include permission of the reported persons, implementation of the responsibility of the public laws, reporting disputes, fault of the reported persons, public persons and public interests objectively.The second part gives an introduction to the relational regulations on media Infringement of the two major schools of laws and makes a brief comparison. American and British laws try to protect people's personality by gist. The judges are endowed with the function to create a law when necessary. The principle restricting to the freedom of the press was established by legal practice, which is beneficial to the application of justice practice. Because of the technical limitation of making laws, the laws of the Mainland try to make clear the confine between the freedom of the press and the right of protecting personalities in general and abstract words. But common right of protecting personalities embody the spirit of humanity, which is good to all-sided personality protection. The two major schools of laws tend to use compensation as well as other redressing solution on the redressing ways of media infringement.The third part analyzes the re...