Balance The Interests Of The Rule Of Law And Art

In recent years, media infringement suits have been increasing, which are given more and more attention. At present, the rate of media losing lawsuits reaches 70% surprisingly in China, and it is imaginable that media pay so much money for it. There exists a situation that China needs supervision from the press urgently, but Chinese institutional factor may result in "stopper effect" in the press. Undoubtedly, it is a dangerous signal for the realization of freedom of the press.Meanwhile, all the things are related to the difficult of law application in the Chinese press. Freedom of the press is always involved in the conflicts with other interests. But, as a country adopting the continental law, China is lack of the perfect legislation and developed mechanism. Through the research to the judicial practice, it can be found that the most important problem on laws application in the field of the press is the contradictory of law creation and limitation to the free appreciation of judgers. In my view, to balance the relationship of the law freedom with other interests is the key to solve the problem.This article adopts comparative study, case study and document study mainly. With references to the experiences of law application in many countries, it points out the difficult and the special discipline of law application in the Chinese press, and analyses the rationality and feasibility of case law in the Chinese press. Lastly, it puts forward a new law system on the foundation of case law and statute law, which is suitable to Chinese justice system and meet the need of freedom of the press. It gives a new direction and thought to realize the freedom of the press in China.