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In Terms Of Our Country News Infringe On The Right To Fame Litigation Proof Of Responsibility Allocation

Posted on:2015-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:K YanFull Text:PDF
GTID:2296330452956389Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China’s news media industry has undergoneenormous changes, such as the development of newspapers, Internet, television andother communication carriers have greatly changed people’s way of life. However, withthe rapid development of the industry and the national news media’s awareness of legalrights, a controversial defamation lawsuit against the news has attracted more and moreattention. From a legal perspective, balancing the right to freedom of the press tomaximize reach and reputation of their own interests, should become the key to resolvesuch disputes. Reflected in the procedural law, what is the responsibility of guiding theallocation criteria to prove proves assigned responsibilities. Around this problem, Imainly do the following work areas:First, access to a large number of relevant literature and case basis to explore thedomestic and foreign press defamation lawsuit against the burden of proof issue made ageneral introduction.Secondly, through the study of civil law and common law legal systems in the nexttwo to prove the double meaning of responsibility contrast to explore the same time, theburden of proof theory development and classification do a more detailed summary; Inaddition, the news against the burden of proof reputation particularity issues morecomprehensive analysis and study, and through understanding of China’s relevant lawsand regulations, pointed out the defects liability allocation criteria legislative stage inthe infringement of proof.Again, this article from the perspective of defamation against the legislative andjudicial news analysis of the causes of such infringement case against the defendant inthe news media is high, and points out the defamation lawsuit against the news proveddilemma faced by the allocation of responsibilities; through the use of the distribution of burden of proof in lawsuit America defamatory news in the "interests" and "publicfigures" understanding of the concept, the press tort litigation as plaintiff of publicfigures and the ordinary citizens of two types of analysis point of view, the view in thecontinental law legal requirements classification as the base, the Anglo Americaninterests for complement, and introduced the concept of "public figure" America.Thelast of our news infringement liability allocation recommendations that defamationlawsuit are generalized inductive.
Keywords/Search Tags:Defamation lawsuit against the news, The burden of proof, The principle of distribution, Balancing of interests, Public figure
PDF Full Text Request
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