Constitutive Requirements Of Media Infringes Upon Right Of Reputation

The right of reputation is an important component of the right of personality.With the rapid development of the newspapers, magazin,television, Internet and othermedia, there is a great impact on the protection of the right reputation. Our currenttheory and judicial practice process the media infringement of right reputation areformed. Moreover they used presumed manner whitout considering its particularity inthe procession of such case.Therefore, the consequences are lack of the legal logicalstarting point of determining media infringement right of reputation, which will alsocause different judgments on the same case and diminish the judicial authority. Todeal with the media infringement of right reputation case better, we have tostandardise the media behavior, protect the citizen’s reputation right, and reconstructthe constitutive requirment of media infringes upon reputation right as quickly aspossible. Due to the limitation of research on the theory of media infringing reputationright, I chose to use the law of tort liability theory in thesis, combined with thespecificity of media infringes. At the same time, basion the typical research on justice,the author will sum up the experience of how justice handling the media inviolabilitycases, and reconstruct the elements of the media infringing reputation right.Of necessity, this paper is divided into eight chapters, mainly presented thegeneration of the reputation right, the index system of media infringement reputationright, the behavior of media infringement reputation right, the injuredcausalconnection, illegality, fault and the associated problems about media infringementreputation right.The first chapter is divided into two sections. The first section conserns to theconception and characteristics of the reputation right, which is mainly to discuss theintroduction about the definition and characteristics in theory circle’s view. It aims athighlighting the particularity of reputation right. It can lay the groundwork for themedia infringement of reputation right elements are different from general tortelements which is different from general tort elements. The second section definesreputation right and reputation honor. It reveals that the author focuses on reputation right to discuss the constitutions,and make focus eliminating the honorary feeling forinfringement of hope to seek legal relief situation directly.The second chapter includes two sections. The first section describes thetheoretical controversies about the constitutive requirements of the mediainfringement of reputation right in our country. The majority agree to use general tortinfringes upon infrigines of the right reputation. Also in judicial practice, the judgedetermine the case of the general media infringement of reputation right under the tortelements. The second section mainly analyzes and presents the ideas of theconstitutive requirements of the media infringement of reputation right whith thedrawbacks of the use of general torts.The third chapter is divided into two sections. The first section discusses the wayof behavior of media which infringes right reputation, discussing two types of tortway, and the purpose is to arouse the chapter in the second part, accorded from thedifferent infringement behavior ways of the media to design different ways.According to study of the judicial case, the author presents four kinds of infringement,including publishing the insulting article, the lack of the truth the reports, theinfringements of literature,and the reputation infringement of academic criticism.The forth chapter is divided into two sections. The first section discusses thenecessity and the damage feature of general tort damage constitutive requirements.The Purpose is to draw out types of infringement damage of media.In the secondsection media infringe upon the existing characteristics of reputation are summed upwhith natural person and legal persons of different damage types, according to theexisting characteristics of media reputation infringement with natural person and legalpersons of different damage types, through analysis and case study demonstratetionsfinally come to infringe upon the core of the media reputation damage of socialevaluation with is reduced.The fifth Chapter is divided into two sections. The firs tpart mainly introducesgeneral tort causal relationship.In this part causal relationship,taking liability law as afoundation, the conditions said,the conditions said, reasons said and causality areintrouced. As for the second part, several causality affirming methods are chosed. Thesecond quarter, according to the characteristics of media reputation infringement, thejudicial practice in China media reputation infringement is lack of causalityrecognition of the case study, putting forward the causal relationship with the fact andlegal causality infringement that media parts of causal relationship between perfect measures.The sixth chapter is divided into two. The first section discusses that is tortliability law of our country should be or not independent components, andviolations are discussed according to the theory. The first section discusses tortliability law of our country should be whether independent components are introduced,and the existing violations are discussed according to the theory, for the judgement ofillegality of the media reputation infringement putting forward the theories basis. Thesecond section discusses the results illegal said and behavior illegal said, using thetheory of the behavior illegal said to the media infringe upon the illegality of thereputation to affirm. The core of this chapter discussed the value between thefreedom of speech and protecting of the reputation, presented the view that ourcountry should stick to the right value orientation.Chapter seven is divided into two. In the first section, the fault is discussed,mainly based on the tort liability law and the theory, and intention and negligence, thetwo main fault form are informed.In the second section, according to the judicialpractice in China and the main types of China’s media reputation infringement,thispart obtained the main fault form of media reputation infringement which is callednegligence, and the author summarized three types of faults including the fault ofmedia reviewers, the fault of news gathering and editing material, and the fault ofreprint review.In the chapter8social evaluation is reduced and the infringement of continuousreports are discussed in the last, which is to avoid writing center becomingunprominent, the argument not clear. This article is wrote from the objective behavior,damage, causality to subjective illegality, wrong thinking methods of thinking and thisway of writing accords with normal rational logical thinking, and clearly discussed themain elements of constituents of media reputation infringement,and the way ofwriting makes the whole structure rigorous. Through this paper, the author clearlyputs the components of China’s media reputation infringement, and hopes the articleto be paid attention.