| Since reform and opening, with the rapid economic development, China’s news media have also been developing rapidly; newspapers, radio, television and Internet become an indispensable part of people’s daily lives. News media has played a significant role in promoting the rapid development of China’s socialist nation-building and the process of civilization. However, in recent years, as the process of China’s legal system construction, enhance the legal awareness of the masses of the people, as well as the news media to increase, the news media competition is increasingly intense, caused by the news works of news infringement cases has increased, and showing a trend of diversification of the type. In this paper, combined with the actual situation of the press infringement, starting from the current situation and existing problems of the infringement of news angle to summarize the causes of summary of the news infringement theoretical foundation and legal standards were analyzed, and then put forward a sound legal regulations corresponding suggestions.This article is divided into four parts, as follow:Part Ⅰ:expounds the present situation of infringement of news of our country and the existing problems, analyze the causes of summary. With the continuous development of China’s media industry, constantly improve people’s legal awareness, news infringement cases in China more and more. The main reason is that our legal system is not perfect; the particularity of the news industry is insufficient.Part Ⅱ:the theoretical basis from the news on the news tort define the primary elements of the news infringement news works carried out legislative definition of news infringement disputes in theory be defined. In judicial practice, the major news infringement against the victim’s reputation, privacy, portrait rights, honor, from the basic concept of the author, these four types of news infringement expressions and definitions are discussed theoretically.Part Ⅲ:from the angle of legal principle of the tort law definition standard of news. Combined with the Tort Liability Act in general tort forms on the subject of news tort and elements are defined, and combination of news tort typical, problems of these specific violations in defining aspects.Part Ⅳ:Building News tort system. This chapter begins with improving media legislation, a clear legal definition of news tort standards, has developed within the news media and other regulatory and disciplinary mechanisms put forward measures to prevent news of its infringement. |
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