| In today’s society, because the success of the reform and opening up to the rapideconomic development, social progress, development of the news media industry rapidly inour country, the news media through newspapers、television、computer、mobile phone andother communication media, providing news information to news, we have become anindispensable part of our daily life, while most of the news reports are in line with theobjective reality, to restore the truth as the starting point, so that the majority of the newsreaders can know the place at his side or at home and abroad of the important things in thefirst time, but also because the news media and people contact more and more frequent,increasing conflicts between the two person grow with each passing day, news infringement.Although China promulgated a number of news tort immunity laws and judicial interpretation,but also established the legal system news tort cases, but compared with developed countries,China law on the content of news tort is not perfect, the news tort immunity system is notperfect, news infringement cases frequently, natural and legal persons to the right ofreputation, privacy is violated by the media on the seats, whether in theory or the press, thinkthis is the conflict between the freedom of the press and the protection of right of personality.The freedom of the press can make media activities to obtain a certain freedom, but it aims toexpand media activity space, realize the public’s right to know and monitor, it has doublevalue in political and social significance, and personal interests, is the important content oftraditional on national law countries law protection. The law can balance the rights, conflictresolution. On how to balance the news freedom right and personality right on this issue,China relevant laws no good answer. At present, China news infringement exemption systemis the main problem: lack substance, provided the potency rank is low, the protection of anarrow range, some judicial interpretations is more general, and poor operation, in some ofthe news tort cases, tend to protect the right of personality, the news media often in order todeal with the case and can’t concentrate on the news work, play these factors bear for the newsmedia public right to know and monitor functions very bad. Therefore, in this paper, throughthe analysis of the news tort concept、characteristics、elements of the system、extended thenews tort immunity system、a comprehensive study on China’s news tort immunity system、 points out the deficiency of our news infringement exemption system in the law, then theAnglo American and continental two big legal system analysis, and fully absorbing the relatedsystem of the two legal systems and experience, and the suggestions of perfecting news tortimmunity system, to address the protection of press freedom and personality rights conflict.In addition to this introduction, is divided into five parts.The first part, the basic problem of news infringement, this part mainly introduces themeaning and forms of news tort, because the exemption excuses and responsibility areinseparable, the next part analyzes the news tort, which raises the news infringementexemption reasons, puts forward the concept and function of antitrust immunity.The second part of news tort immunity system. The first part of the news tort immunitysystem from the basic concepts, elements and other aspects are introduced, and then extendedto the theoretical basis of news tort exemption system and its value.The third part, the current situation of the development of China’s news tort immunitysystem. Legislation including news tort immunity reasons, present situation of judicialpractice, and some problems.The fourth part, analysis of foreign news tort immunity system. This part of contentmainly in Anglo American law system and continental law system of news tort immunitysystem has made a summary, by comparing the similarities and differences between them, andthen find the reference value of the content, drawing on the experience of our newsinfringement exemption system of legislative and judicial.The fifth part, perfecting news tort immunity system. This part of the contents of thenews infringement on the exemption causes the existing research results as the basis,absorbing foreign advanced theories, put forward the improvement suggestions. |
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