Network News Tort Law Studies

With the rapid development of China’s economy, the news media industry alsowill be rapid development, especially the rise of the network, making the network isno longer a mere tool or platform, but has become after newspapers, TV, radio,rapid development the fourth new media up to the traditional mass mediaenvironment has brought great changes. Especially the emergence blog,microblogging, forums and other network information release platform, coupledwith the network itself has an open, interactive features, making the network morethan just traditional news publishers publishing platform, is no longer merely theofficial language, each network users are likely to become a reporter, will theirexperience, think and feel, or your own pictures taken affect spread through thenetwork, are likely to become news.Of course, when the network news to bring full freedom of expression, whensome people will become human flesh in order to achieve personal goals and to harmothers powerful "weapons", such as some of the ads are likely to evolve into a nakedSearch, prone to cause an object to be focused right suffered significant losses.Which are mainly based civil rights violations, but due to the imperfections of therelevant law, not make it right to maximize relief, therefore, in our network to bringthe convenience and enjoyment of full freedom of expression, we should use goodlaws, protect the legitimate rights and interests of the parties. However, how tocorrectly view network news changes our lives, how to regulate the network newsmanagement and regulation, how to better protect the legitimate rights and interestsof the parties, as well as how to prevent the occurrence of violations network news,which we all need to think and solve problems. And herein above problems, mainlywith the characteristics of network news itself, from network news bear tort liability,Elements, torts, legislation and improve the status of news infringing legislativeproposals angles, combined with a specific case study to explore.The first chapter is mainly a combination of network news infringing its owncharacteristics to analyze the constituent elements of infringement, and then discussthe type of infringement, in order to determine whether an act Network News tort,and tort liability for the acts to provide a legal basis; the second chapter is to explorethe specific network news tort liability, including content infringement mainresponsibility principle and so on, in order to ensure that human rights have been infringed to get relief, and for the seriousness of the infringement of theconsequences of network news punitive damages system explore, and thus morereasonable to protect the legitimate interests of the right holder; the third chapter isto discuss the news network defenses infringement, the reason for its analysis ofdefenses a separate chapter, because the network news, after all, is a new thing, inorder to ensure healthy and rapid development of Internet journalism, at the sametime fully protect the legitimate interests of the right holder can not be blindly biasedin favor of the infringer and to make the network news business is hindered, so becareful and then explore its defenses to protect their own interests and the healthydevelopment of; the last chapter is mainly related to learn from foreign advancednetwork news legislative model, combined with the status quo of China’s legislature,make recommendations to improve the existing legislation, and thus balance theinterests of all parties.