The Research About The Distribution Of Burden Of Proof To News Defamation

In the past thirty years, the cases of news reputation tort have frequentlyoccurred, the most are put into lawsuit, to request the court making impartialjudgment. But China’s relevant laws and regulations are not perfect, resulting inrandom phenomena of the burden of proof in the litigation process. According to thetheory of burden of proof and the relevant provisions of the law, the onus of proofshall be borne by the plaintiff, but the court in the judicial practice often inverted theburden of proof by "who reported, who proof", based on news organization with a realreview of obligations.then in the end how distribution of the burden of proof, hasbecome a worth exploring topic.With the attitude of seeking truth from facts, this paper comprehensive use ofhistorical analysis, system analysis and comparative analysis method, in our countryon the existing research results, combining with the relevant laws and regulationsabroad, comprehensive analysis of what is news infringement of reputation, thedifferent attitude of news reputation infringement in the domestic processing, and thentry to build the news reputation infringement lawsuit proof the responsibility of thedistribution system. This paper is divided into five parts to elaborate news reputationinfringement of the distribution of burden of proof problem:The first part of the introduction section, the author from the developmenthistory of news reputation infringement cases and discusses the practical problemslead to the necessity, from the perspective of theory, legislation, judicial, lead to themain topic discussed in this paper.The second part is the definition of infringement reputation of the press and itsconstituent elements analysis. The author discussed from the infringement against thesubject, object and a general tort, or special infringement and shall apply the principleof attribution. The author discussed its constituent elements with a common analysisof the four elements and combined with the news reputation infringement nature ofthe case.The third part discuss our current news reputation infringement assigned judicialproblems including improper Burden of Proof and media high rate of losingexposition, analysis theory, legislative, and judicial decisions in the discretion of thejudge three angles. The fourth part is the investigation of extraterritorial national system the UnitedKingdom and the United States, Germany and Japan, including the representative ofthe civil law and common law more perfect. These countries represent two differentvalues, I gave a brief analysis of the principles adopted by the countries in the studyof national laws and judicial practice on the basis of the specific application of theburden of proof allocation.The fifth part of the author is trying to analysis from the perspective oftheoretical orientation, legislative, and judicial discretion, on the basis of foreignexperience suitable for our theory. The author on the basis of the analysis of countriesapply the principle of the pros and cons of applicable laws transplantation theory andexplore the perfect from the substantive law and procedural law and judicial angle theChinese news honorary infringement burden of proof.