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Legal Analysis On The Right Of The Media Infringing Upon The Citizen's Right Of Reputation

Posted on:2016-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:P P ZhaoFull Text:PDF
GTID:2336330482458131Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid development of China's Internet technology and facilities, the flow of information is more efficient, which on the one hand has propelled the awakening consciousness of civil rights, on the other hand has promoted the convenience of the network information dissemination, at the same time, the network has gradually become an important carrier of the dissemination of news. The rate of information flow has forced the media to follow with faster speed and the requirement of efficiency has caused some of the news media shorten information published review links in order to pursue the benefit. These have resulted in more and more media infringement of citizen's right of reputation.Starting from the concept of citizen's right of reputation and the news media freedom, the paper analyzes the type of citizen's right of reputation, constitutive requirements, defenses, and combining with the domestic and foreign law, the paper puts forward the solution to the news media's infringing upon the citizen's right of reputation case countermeasures.This paper is divided into five parts. The first part elaborates separately the freedom of the press and the citizen's right of reputation, to analyze the cause of the infringement cases; the second part discusses elements of news media, infringement of citizens' right of reputation infringement, including: infringement consequences, subjective fault, relationship of behavior and results; the third part discusses the four defenses of the media infringement of citizens' reputation, including: fair comment, consent of the victim, credible sources, proper exercise of power; the fourth part, through the investigation of the status quo of the protection of the right of reputation abroad, the concept of introducing the right of response in the legislation is proposed. The fifth part is from the legislative point of view on the protection of the rights of the media, the right to protect the rights of citizens, the proposal to improve the concept of public figures, the right to respond and spiritual damage compensation.
Keywords/Search Tags:news media, right of reputation, reason of defense, right of response, spiritual damage compensation
PDF Full Text Request
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