| As the opening of the market and the development of the economic, the news industry has entered in the blooming time. At the same time, in the field of the news transmission appeared a variety of violation of the ethical requirements, the administrative rules and regulations, and even the criminal law. Different from the commercial media, some of the traditional media practitioners abuse their administrative right, which formed the power rent-seeking chain in the traditional media, for the illegal interests. This behavior harmed the media image of justice and fair and the legal interest such as the audience’s right to know. It is necessary and urgent to regulate the freedom of the press and reform the legislation. Through the analysis of the problems has appeared and maybe appear in the future in the traditional media, this article discusses the criminal behavior related to the media power rent-seeking directly from the angle of criminal law, at the same time propounding the views and suggestions for the criminal law definition and legislative perfection of the media power rent-seeking.This paper consists of introduction and four parts of the body. The introduction mainly on the present social hot discussing event that CCTV financial channel was suspected of bribery crime as the breakthrough point, leading to the purpose, the significance and value of this study. The first part is the summary of the traditional media power rent-seeking behavior, including the definition of traditional media and the analysis of the traditional media power rent-seeking behavior. On the basis of analyzing the concept and the status of media, the article points out that the media corruption is the source of power rent-seeking, and on the other hand elaborates and demonstrates the formation, content and characteristics of the traditional media power rent-seeking, which lays the foundation of the article research. The second part of the traditional media power rent-seeking behavior of the criminal law. Combined with case analysis of traditional media power rent-seeking behavior mode, and puts forward views on criminal law regulation boundary problem, to distinguish between different types of media power rent-seeking behavior and the difference between criminal law to protect the legal interests of conflict. The third part mainly discusses application of the rules of the current criminal law concerns the media power rent-seeking behavior and the problems arising during the application of the rules. Based on investigating the conditions of the overlap of typical bribery crime, crime of extortion, fraud in practice, the article put forward some suggestions about the law loophole of the current criminal law in our country. The fourth part focuses on comparing the foreign laws, propounding some ideas according to the scope of bribery object, the form of extortion, balance the freedom of the press and the limits of criminal law. Combining with the different ways of Chinese and foreign laws about regulating the illegal media power rent-seeking behavior, making reference opinions and solutions for the criminal law regulations and judicial practice for the media rent-seeking behavior in our country.As a kind of important social activities, News transmission forms the complex relation of mutual influence and restriction with other human social activities, which has a social attribute by an extremely sharp. Perfect the legislation is the premise of the fight against crime effectively. So finding out the inadequacy of the law concerns the media power rent-seeking legislation in our country and improving it, can not only to punish crime, but also can play a supplementary role in maintaining good social order. |
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