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News Tort Liability

Posted on:2007-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:S Y XuFull Text:PDF
GTID:2206360212470445Subject:Law
Abstract/Summary:PDF Full Text Request
Media invasion is special type of the laws of illegal acts. At present, our country's law on it isn't still complete, concrete or perfect. In these years, the cases about media invasion have been increasing. Because some laws about the civil liability of the media invasion aren't complete. Judicial offices can't enforce the law according to the same basis. The article is about some questions on the civil liability of the media invasion.The article contains six parts.The first part is the summary of the media invasion. At first, it makes clear the concept of the media invasion. Different scholars have different understanding. In my opinion, media invasion means some citizens or legal persons infringe upon other citizen's or legal persons' legal acts when they publish the media works as a result of faults. It also introduces the concept of relating media. Besides, it introduces four characteristics and four types of the media invasion. At last, it deals with the relationships between the media freedom and the legal protection about personality rights.The second part is about the subject of media invasion and their liabilities. They are citizens on legal persons who should bi responsibility for a fault and bear legal liability. I think, the subject of media invasion are media units, the correspondents who aren't the certain media unit, general writers for media unit, some citizens or legal persons who are active in providing information for the media unit. Some people and units shouldn't become the subject of media invasion, such as, some reporters of the media units which have the right to broadcast the news and information. Some writers invited by the media units and those who are inactive in providing information for the media unit.The third part is about the question of liability about media invasion. At present, according to the civil law. Media invasion should use the principle of fault liability, but some judicial explanation shows that it should use the principle of faultlessness liability some scholars think it should use the principle of equal liability or the principle of faultlessness liability. In my opinion, it should use the principle of fault criterion of liability, that's to say, the rule of fault presumption. It shouldn't use other principles.
Keywords/Search Tags:media invasion, the subject of liabilities, criterion of liability, constitutive requirement, liability undertaking
PDF Full Text Request
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