Several Legal Issues Research Of News Reputation Infringement

Since20th century, with the prosperity and development of the media industry, all kinds of the mass media, such as broadcast, televisions, newspapers, magazines and internet, have produced more and more influences on people’s social lives. Therefore, if there are some reports without truth or impersonality, even when these reports have some improper words to describe events or people, it will cause strong public opinions on it. Usually, victims’reputations will get huge loss. What is more, they will carry huge social pressures. Even more, the judicial person will lose huge property because of the damaged reputation.In essence, the press tort in reputation is a progress of balancing the conflict between press freedom and reputation protection. However, as a result of the immature understanding of theories on balancing the conflict between the two above in internal academic circle, it is hard for judges to try such cases in judicial practice, and the media industry insists on improving legislation. As a result, the best and direct way to efficiently solve the contradiction between press freedom and the right of reputation is to strengthen theoretical researches of press legislation, to enhance the constructions of press law, and to advance protections of right of reputation.In order to make a contribution to the press tort legislation in China, the author, from the viewpoint of balancing the contradiction between press freedom and right of reputation, elaborates this paper in a specific aspect. This paper discusses the constitutive requirements of press tort, prescribed plea instance, the liability subject and methods of bearing liability in press tort. It also points out some detailed problems about revising the press tort law in China with actual cases, theories and legislation experience of other countries. The author hopes that this paper can serve the legislation of press tort law in China by trying its best.