Research On The Questions Of Journalism Tort On The Legal's Reputation

In recent years, the cases caused by corporate news reports in court with the media are more and more. The relationship between the legal and media is very tense. The legal proceeding is going on, so the two sides will input much energy, time and economic costs. Faced with commercial forces, the media will have scruples in reporting news, especially critical news. This will make adverse impact on the media's normal news reporting as well as on the legal's purchasing their values.To solve the disputes between the media and the legal completely, they need to construct a set of perfect regulation system in which the law is the most important. But there are many questions that haven't been solved properly. For example, how to define the legal's right of reputation, whether the protection to different types of the legal facing news torts is the same of not, how to select laws when there are so many laws to protect the right of reputation of the legal, and so on. And we can see the Legislative defects about the lawsuits between the legal and the media from these Judicial cognizance difficulties.This paper selects 25 cases from the practice. The purpose is to study the judicial practice about the lawsuits between the media and the legal through these cases. And based on that, I also want to understand the difficulties of the lawsuits. This paper is using the way of jurisprudential analysis to study the particularity of the lawsuits between the legal and the media. Based on all of above, this paper tries to summarize the Legislative defects, and then tries to throw out a suggestion on how to perfect legal system of the lawsuits between the legal and the media caused by reputation infringement. My suggestions for this view as follow:first of all, the judge must enforce the standard of register criterion to prevent the legal raise malicious action. Second, introduce the Principle "Actual Malice" to restrict the Official Organ as Legal Person to raise a lawsuit for the right of reputation. Third, establish a compensation mechanism including both compensatory and punitive compensation. Finally, makt press law to endow the media with the rights of public opinion supervision explicitly.