The Study Of Press Infirngement And It’s Demurring Reasons

Compared with the past, our Chinese people’s awareness of law has been strengtheninggreatly with the continuing construction of socialistic democracy and law. They begin to caremore about their spiritual need, the protection of their rights of politics、economy and cultureas well as the material comfort. One of the obvious signs is——more and more lawsuitsabout the press infringement when the relevant subject write and publish the news.Since1984, the construction of press law has been set on the agenda. However, becauseof various reasons, our press law has not been come into being. By contrast, the American andBritish demurring reasons against the press infringement have been developed more standardsand play a significant function to deal with the lawsuits about the press infringement. To studytheir demurring reasons can play an active function to our theory about demurring reasons inthe press infringement and the construction of our future press law.The preface puts forward the necessity to write the thesis and the studying methods.Chapter1starts with the latest development of media industry and the pressinfringement and analyses the deep reasons for the press infringement. According to thedevelopment of the society, modern mess media has gotten great development: different kindsof press infringement as well as the privatization, which came along with the commercializedmess media all over the world. And it is a natural rule that the greatest aim of thecommercialization is making profit.Moreover, along with the social development, the awareness of the general publicbegins to wake up, living in the complex social relationships, they begin to learn to protectthemselves with the weapon of laws. Under such social background, it becomes natural thatthere are increasing various press infringements.Chapter2expands on the meaning, the nature and the components of the pressinfringement. This chapter makes it clear that press infringement has its own unique. Amongthe harmful actions, two situations should be included: works being published and referring tocertain persons.Chapter3analyses the basis of the press infringement, including the freedom press, thedevelopment of democratic politics and right to know, the supervision by public opinion.Chapter4analyses the demurring reasons for the press infringement in China. It sets forth the demurring reasons should consists of truthfulness, fair comments, from theauthorities and having received the approval of the propagated.Chapter5expands on the demurring reasons for the press infringement in Americanand England. It is well worth referring to American principal of “actual malice”. In theEngland press infringement, the defendant can demur through the following reasons:justification, fair comment, not on purpose, the approval of victim.Chapter6shows the author’s advice on the press infringement and the demurringreasons. The author holds an idea that the press law should be made as soon as possible.About the components of the press infringement, the principle of “tiny offence not guilty”should be considered, just like the13thitems of Criminal Law. About the demurring reasonsfor the press infringement, the American principal of “actual malice” should be taken into ourcountry. It should be clear that the mess media is not guilty if its stuffs aren’t on purpose,especially in the supervision of the authorities. Furthermore, the perception of nobleresponsibilities should be built up in the mess media industry on the moral level, making thereporters have “a sympathy heart”.