| Since China’s reform and opening up, Chinese society universally acknowledged deep changes have taken place, to safeguard their own lawful rights and interests of citizens and legal persons in accordance with law, the establishment of the concept of particularly profound.After the introduction of the civil law, the masses of citizens, legal persons through the research method, strengthen legal consciousness, can be based on specific legal provisions, in accordance with the law, safeguard their rights.A large number of v. infringement of legal disputes, news media and its practitioners is in this case.In the past, it is generally accepted that news media not only have great authority, and is a policy, is a civil lawsuit against the common people can’t even think about things, not to mention the required press unit to its spirit of damage to the victim compensation. "Tort liability law" promulgated in 2009, the first time in our country has made a clear legal provisions to mental damage compensation, the news media and journalists to the defendant of the rapidly growing and instructions in accordance with the act of the platform of the consciousness of democracy and the rule of law is gradually established, people for the damages of the required content also increased, the requirement of compensation for mental damage frequently appeared in the actual trial, visible, in accordance with law, protect citizen or legal person’s reputation, has become more and more common.Due to lack of special press law. In the trial of news tort cases in our country, can only be quoted by the constitution and the relevant provisions of the general principles of the civil law, and the related provisions are general.At the same time, because our country is a statute law country, legal precedent cannot directly from actual trial in our country, and in terms of compensation for mental damage, the degree to which the victim suffered damage and it is difficult to adopt a unified measure, at the time of news infringement spirit damage cases in China fell into difficulties.Consummates our country news tort damage compensation mechanism, under the current legal framework, is a effective way to resolve conflict of press freedom and personality right.This article through the present situation of news infringement spirit damage compensation system in China, analyses the shortage of the related provisions of compensation for mental injury news tort in our country, finally put forward to perfect news tort spiritual damage compensation system in our country’s advice. |
