Research On News Infringing The Reputation Right

There are about eighty percent cases involving in the reputation right in the disputes of newsinfringement. The essence of news infringing the reputation right is the conflict between thefreedom of the press and the reputation right. In order to balance the conflict between thetwo, this article mainly discusses it in four aspects. They are the constitutive requirements,responsibility subjects, the ways of bearing the responsibility and plea instances in the newsinfringement of the reputation right. The first part points out that because of specificcharacteristic of the reputation right, if the four constitutive requirements of the general tortare applied to these cases, they will face a lot of problems in practice. The second partanalyzes the types of responsibility subjects, including news medium and the authors, newssources, reproduced news medium, internet service providers and network users. The thirdpart introduces that the different circumstances are applied to the different liability form. Inthe fourth part I focus on discussing the following four defenses: the real basic facts, the faircomments, and the reports about chartered speeches and the public figures. The final chapteris about the evaluations of China’s legislative situations at present and the suggestions onlegislation and justice.