Press Liability In

After the "General principles of Civil Law" was issued and put into the effect, the legal proceedings dealing with the news obviously increased, among which the cases referring to encroachment of the right of reputation take up the majority. In our country either the special news laws or tort laws haven't been established yet, the established laws and judicial interpretations have given so narrow a definition about encroachment of the right of reputation in the news cases that have more or less effectd the practical handling with the cases involved encroachment of the right of reputation. Encroachment of the right of reputation in news cases has brought negative effects seriously and has been on his way to the focus of Media and Jurisprudential circle. The attention of this paper is paid to deeply analysis of the established definition and manifestation belonging to encroachment of the right of reputation, the principles of accusation and the composition of civil liability, meantime the author gave a thorough and full assumption of its pleading incident.In the first part the author defined encroachment of the right of reputation in the news cases and its manifestation. Encroachment of the right of reputation in the news cases means that the news units or individuals by the help of media's broadcasting deliberately or negligently report false or illegal news, which may cause citizen, legal person or the body of civil rights bearing the profit damage. Its manifestation varies in three ways: untrue report, impropriety report and disclosing a private performance. *The second part paid attention to the principles of accusation. The civil legislature in our country set liability fault as the basic principle of civil liability in tort. The principle of encroachment of the right of reputation should be applicable for principle of liability fault. Liability presumption fault should be taken as the special form of liability fault, it is applicable under premise of liability fault, prescribing some special cases, supporting the harmer should be accused as a crime through the facts of damage without the proof of victim. The harmer who can't prove innocence will be accused to burden the civil responsibility.The third part described the composition of encroachment of the right of reputation in news cases. Combining the general theory of tort action and characteristic of tort in news cases, the author emphasized three composing elements: the damage fact of personality of news harmer, the cause-effect relationship between the damage fact and illegal actions, the harmer has subjective faults. The part stressed, illegal action can't be taken as the independent component of composition of tort the right of reputation in news cases.In the forth part the paper elaborated on the bearing civil tort liability in news cases, the body of liability, including author, news units, news origin, reprint units. The methods of bearing civil tort liability are formed by stopping damage, rebuilding reputation, removing influence, offering an apology, compensating the loss.In the lat part of the author pay attention to the pleading pertinence. In opinion of the paper, the pleading pertinence should include: the agreement of the reported person, the evidence of the news accuracy, fulfillment of the obligations, the fair comment, objective reporting, the fault of being reported person, the third party's fault, the public persons and interest, authoritative news resources, appropriate using news resources.