Study On The Defence Against News Tort

The enhancement of citizens’ consciousness of legal system, the protection of the rights of the citizens is paid more and more attention. On the other hand, the function of news media supervision, regard as “The Fourth kinds of power ”,the conflict between the freedom of the press and the right of personality is constantly increasing,and the number of the news tort cases is increasing day by day. Actually, The essence of the system of news tort defense is to balance the protection of the freedom of the press and the right of personality. But due to the lack of effective provisions on the subject of news infringement defense in our country, the judge in the trial applying in the extraterritorial application of defenses, solved the case, but there are still problem such as authority and persuasiveness.The first part is mainly from the basic theory of tort liability, Research on the connotation of news tort,discriminate the subject of news tort defenses,pointing out that the defenses of news tort based on the doctrine of liability fixation and Constitutive elements of liability which is to damage the torts liability of the constituent elements, mainly including no fault and no relationship of cause and effect.The second part is mainly elucidating the defenses from laws and in judicial cases, analysising that a clear legal basis for specific defenses, the other is from the study of the reality of judicial cases. to make clear the specific circumstances.The third part mainly elucidating the typical and useful defenses from the Anglo American law system and continental law system, by comparating and consulting,to draw lessons and adducte from them,so we can be clear to know which defences we can use,at the same time to improve the defences system and make them effectively applied in the judicial practice of our country.The last part is the key of the thesis, from the situation of the reailty, analysising the difficulty we faceing, since the absence the effective legal provisions,the defenceis misunderstanding which have difficulty in using, proposing the principle that cautious of news, to make the news media have a strict audit obligation, as a reference factor to judge whether the news media has fault;clarfying the standard of the defence,suggesting that regulating the better defence;according to particularity cases of news, toestablish the typical cases guiding the adjudgement...