Research On The Civil Responsibility Of News Torts

Increasingly development of journalism, news infringement cases continue to increase, so the development of journalism in China is also put forward the new challenges. This article aims to analyze the content of news tort, the freedom of the press and the relationship between the two aspects of personality right protection, to define the concept of news infringement. News infringement refers to news agencies and personnel engaged in the work of news in the news work of each link, the law does not allow or prohibit the methods collecting news material or in the news editing, processing, distribution, dissemination of any part of fabricated news in the form of intentional or gross negligence behavior reported the news be true, to other people’s personality right mental damage caused by a kind of tort. Study the rules of news tort principle and the defense system, contrast research status at home and abroad, to analyze the current shortcomings of news tort system in our country, and aiming at the problems existing in the system of news infringement of put forward some Suggestions and ideas.This paper is composed of four parts:The first part mainly introduces the related theory of news tort, including the concept of news infringement, characteristics and types, from the subject, object and content of the constitutive elements of tort of news, and finally discusses the news infringement defense system of principles and rules.The second part mainly introduces the foreign related news tort system content. The common law system in Anglo American common rules and special principles and defense system, focuses on the America "Sullivan" principle; analysis of the civil law of Germany and Japan, the protection of the right of personality and defense, on this basis, and then explains the related system of various countries to improve the system of news infringement in China three enlightenment.The third part mainly introduces the China related news tort system, analysis the legislative and judicial situation, the disadvantages of the system, including the legislative problems, and some problems in the system of Defense.The fourth part aims at the existence of civil tort liability system of our country, proposes the solution countermeasure, think that our country should strengthen and improve the news tort liability legislation, improve the legislative level, including the concept of clear infringement, defenses of news infringement should be clearly defined.