"King Without Crown" Of The Legal Boundaries Of Prees Freedom And News Infringement

In the modern times, almost everyone lives in the news trend of the "siege", all kinds of news on our work, study and life have a huge impact, news tort disputes also occur frequently. "King without crown" has a larger space for the freedom of the press, but such freedom cannot be without boundary, otherwise it will constitute a tort and crime, how to balance the freedom of the press, the interests of right of personality between the two has become subject of jurisprudence, the journalism community of common concern. However, research scholars, academic circle basically is "various", the lack of the necessary accommodation between the two. The world of journalism research emphasized the right of supervision by public opinion of news protection, think we should apply the principle of fault liability cognizance news tort, law circles has not formed the general point of view, such cases in the news media and its practitioners in the losing rate is high in, but that lack of efforts to protect the freedom of the press in the trial practice, too much emphasis on the protection of right of personality. Thus, whether from the legal or practical level, the balance between the interests of the press freedom, the right of personality and the right to have a big gap. The innovative point of this article is that attempts to law of Journalism and cross disciplinary perspective on the freedom of the press, the right of personality, interests balance were studied, in the path of the rule of law to achieve balance the interests between the two.The logic of thinking of this paper, news tort, freedom of the press is the relationship of "either a or B", and from the two aspects of news infringement defense system of legal delineated both "legal boundary". Identified as the infringement of the news, it does not belong to the scope of the freedom of the press. The normal news report of non infringement, and the news report that the right infringement is in line with the reason of the full defense, together form the scope of the freedom of the press. The legal boundary between the two is clear and clear, which is easy to realize the equality of the legal right of freedom of the press and the right of personality.News freedom, news infringement, as long as one of them, you can rule out another case. Therefore, there are two ways:one is to identify the legal boundary between the two, which means that the possibility of a news infringement, and the legal system of the new type of infringement, the "legal boundary", which objectively leads to the damage of personality right.In the freedom of the press, the theory, the legislation and the judicature, there are different views and different methods. The paper also discusses the problems and puts forward his own opinions.