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On Reporters' Privilege

Posted on:2012-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:J YeFull Text:PDF
GTID:2216330338457188Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This paper, which built on the basis of the legislative overviewo and judical practice of the major countries and regions of the world's two legal systems, mainly discusses the reporters'privilege in China.This paper includes four parts.PartⅠ: The introduction briefly discusses the background, significance, scope and reaching methods of this paper.PartⅡ:The outline of the reporters'privilege.First, the author elaborates the meaning, the theoretical basis and value of the privilege, on the basis of which the author further clarifies the meaning, the theoretical basis and value of the reporter's privilege, and analyzes the value of its existence and negative effects to illustrate the existence of the privilege given to the value of conflict to be resolved.PartⅢ:The situations of legislation and judicature in main countries and districts in the world.This part includes two aspects. The first describes the law about the major countries and regions in two legal systems in order to understand overview of the legislation; and through analysis of the some typical cases and the reasons for judgement and the International Tribunal's position on this issue, looks into the problems to be solved in operation of judicial practice, and analyzes these issues. The second which is based on the first aspect, defines the scope of news reporters, the nature, exceptions and the object of reporters'privilege, the solution of value conflict, and clears the views of the author on these issues.PartⅣ:The construction of the reporters'privilege. On the basis of analyzing and comparing major countries and regions of the two legal systems,the author, through minining its essence and merits which combined with China's specific national conditions, indicates the necessity of constructing reporters'privilege and the first mentioned conditions—Re-positioning of judicial philosophy, and puts forward my own ideas in legislation, including the mode of legislation, contents of the legislation, and litigation security. The construction of litigation security is the innovation of this article, which includes the burden of proof, procedural safeguards, illegal evidence exclusion and personnel disciplinary.In summary, on the basis of describing, comparing, analyzing the reporters' privilege in major countries and regions of the two legal systems, the author resonablely absorbs and applies the essence in the construction of privilege in China. It deserves us to contribute all our emotions and strengths to pursue it.
Keywords/Search Tags:privilege, absolute privilege, the limited privilege, freedom of the press, reporter
PDF Full Text Request
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