On The Defense Against News Tort Liability

With the socialist democratic and legal process continues to push forward and in-depth,our news media’s developments are obvious, practice environment for journalists has been a marked improvement, the influence of news media in the rising;It brings the voice of the news media can be seen everywhere,"Media hegemony" gradually shows its superiority,Promote legislative, executive and judicial,the media participate some major criminal cases like"wu ying case","yao jia xin case"and so on,in changing our legal environment, its role is increasingly prominent,but more news media and public contact, conflict dispute is inevitable,the number of infringement cases arising from the news is a significant rising.Therefore, in order to ensure that function of the news media is normal, and the legitimate rights and interests of the community to get effective protection,it is necessary to strengthen the study of defenses to civil liability to the news infringement,to balance the interests of the news media and the community.In this paper, in addition to the introduction and epilogue, is divided into three parts:The first part, starting from the value and necessity of tort liability defense causes, shows that the news infringement as a special form of infringement,its corresponding tort defense causes system also has a unique value system and pursuit,it’s independent, when the news media and its practitioners faced with the respondent are able to maintaining freedom of the press and their own legitimate rights and interests by this,eventually proposed the establishment of the system has practical significance.The second part,comparative analysis of domestic and international legal provisions and practices,context of the specific case,analysis of the specific case,emphatically analyzes our country currently at trial news infringement cases involving defenses in the process of the problems faced,find the defenses standard of our news tort liability are different, the phenomenon of the same cases of different judgments,although there are laws but no system,although the provisions of the phenomenon but it is difficult to implement,described the problems that exist in the system of news tort liability defenses of our country at this stage,expressed problem by thinking,demonstrated the problem.The third part,the focus on news defenses of tort liability system, application problems, this part analysis the tort liability should probably consider the various factors,such as public figures whether can against privacy, mutual criticism between the public figure whether should have a certain degree,and then the typed analysis of defenses,just know only the stereotype can clear the specific standard of defenses,it is concluded that the applicable standards of the specific news of tort liability defenses,and stay in the the application of news tort liability defenses.This article may exist in innovations,in the case of news tort liability defenses system desultorily,on the basis of previous research, Analysis of the significance of the existence of its news tort defenses and challenges facing,derived factor-Standard-apply to the pattern of integration of this article new thinking style, find a place for news tort liability defenses.This is because the provisions of the news tort defenses, not only related to the development of journalism,related to the protection of individual rights, also related to the soundness of the legal system and the development of rule of law.Therefore, this paper analyzes the necessity and feasibility of the news tort liability defenses, trying to the typifications defenses,provide feasible suggestions for the judicial practice.