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The Nature Of Journalistic Interview Right And Its Legal Regulation

Posted on:2013-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X LiangFull Text:PDF
GTID:2246330392951229Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Nowadays, with the entering of the information age, the news media plays anincreasingly important role in social life: economic development, social constructionand cultural integration, all rely on it. News interview is the cornerstones of newsactivity and it is throughout the news activity. News reporters enjoy the right tointerview, but at present the nature of journalistic interview right in our country is notclearly defined, so the legal status and the corresponding relationship between rightsand obligations of the reporters in the news gathering activities will not be clear.Therefore, the study on the nature of journalistic interview right is of greatsignificance. In addition, in recent years, the phenomenon of journalistic interviewright being infringed in the practice appears time and again, at the same time cases ofreporters’ interviewing right abuse also emerge in an endless stream. Tracing thesource, it is precisely caused by the unclearly definition of journalistic interview rightand right source, and the lack of perfect legal regulation measures. Therefore, how toregulate and protect journalistic interview right are common problems of the currentlaw and journalism fields. This thesis is divided into four parts to study the nature andlegal regulation of journalistic interview right.The first part introduces the nature of the journalistic interview right. At presentthe viewpoints about journalistic interview right in academic field mainly are "power"," right ","power+right","social right","public right”, while the author thinks,journalistic interview right is not only a kind of social public right, but also a kind ofpolitical right, and only such explanations to journalistic interview right can reflectthe essence of journalistic interview right.The second part analyzes the right source of journalistic interview right. As themost basic right of the media, Journalistic interview right is not a kind of independentright in our constitution, but the extension of the basic civil right; and the sources oflaw lie in the basis that citizen enjoys the right of free speech, the right of expression,the right to know and the right of public opinion supervision under the constitution. The third part analyzes the problems and reasons in the current journalisticinterview right practice. Because the related legal norm is not perfect, the newspolicy’s holding is random, reporters’ role positioning is not accurate, reporters’means of interview is inappropriate and local protectionism is serious, the phenomenaof journalistic interview right abuse and journalistic interview right infringing exist inthe process of news interview right practice in our country.The fourth part puts forward the corresponding legal regulation principle andregulation measures against the existing problems in practice. Concerning the legalregulation of journalistic interview right, we should follow the principle of equity andlimitations. At the same time, the thesis puts forward the following regulationmeasures: pass legislation to clearly define the journalistic interview right; improvelegislation level, increase the authorized norm; standardize the use of news interviewmeans; improve the supervision mechanism toward press power; establish proceduremechanism in the practice of the journalistic interview right; give reporters judicialclaim in special case; strengthen the news lawsuits in the guiding cases.
Keywords/Search Tags:the journalistic interview right, nature, right source, legal regulation
PDF Full Text Request
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