| In fact, rent-seeking is not a legal concept. However, because of the complex social, the rent-seeking behaviors exist not only in the field of economics, but also has become the subject of the law to research. In the field of law there were not abundant achievements on the theories about media rent-seeking both at home and abroad.In the reality,the media rent-seeking has become worse and worse and its harmness has expanded, both in breadth and in depth. The case of the "21st century network" which was sentenced by Shanghai Pudong New Area People's court on December 24, 2015 indicates the momentum development and harmful results of the media rent-seeking. Therefor,the legal issues of the rent-seeking that involved in the abuse of rights to seek the illegal interests which was not generated originally by the rights should be treated seriously. In this paper, from the present situations and the existing criminal law of the media rent-seeking behaviors, to explore the necessity and feasibility of the criminalization of media rent-seeking finitely, and then put forward necessary measures to manage the media rent-seeking that is to add the crime of rent-seeking by media unit and improve the qualification penalty.With proper regulations of criminal law,the effective governance of the media rent-seeking will provide better environment with the media, and can guarantee the benefits of of all parties.The full text is about thirty-five thousands words, expect the introduction and conclusion, is divided into four main parts:The first part is an overview of the media rent-seeking behaviors about the theory of the rent-seeking mainly, then extends to media rent-seeking,and analyze rent-seeking theory applied in the field of media, and then we can know the media rent-seeking refers to the media units or practitioners use media rights to seek illegitimate interests it is an exchange between rights and interests. its essence is materialization and the sale of rights; its characteristics are as the special subjects, the particularity and diversity of the violating object and its performance, the internal and external aspects that led it.The second part is mainly analysis the necessity to criminalize the media rent-seeking.Through the research on the existing circumstances,the harm of media rent-seeking and the weakness of the civil penalties and administrative penalties to renew the inevitable trend to criminalize the media rent-seeking with limits.The third part focuses on the boundaries identified to make the media rent-seeking behavior into crime. Via the discussion of the crime essence, criminal law modest principle and the objective of criminal law to determine the circle of crime in criminal law to analysis the foundations of general behavior in-depth and then define the bases to make the rent-seeking behavior of the media into crime. At the premise of adhering to the social harmfulness punishable by penalty is the nature of the crime to determine the social harm punishable by penalty of media rent-seeking should take four aspects into consideration:the violated object, objective aspects of the behaviors, subjective attitudes of the subjects,the high incidence of the behaviors.The fourth part, through the analysis of the existing criminal law to determine the current accusations can be applied to media rent-seeking behavior and when there are not proper charge but the behaviors should be accused indeed,so the creation of the crime of rent-seeking by media units is essential,according to the characteristics of its behaviors to suggest to perfecting the punishment—qualification penalties, for individuals,to apply penalty can also be added employment prohibition, prohibited time depended on the circumstances of the crime;the unit can be applied different qualifications punishments upon the crime situations, such as forced to close, to suspend business for rectification, deprived of the rights of the units to be engaged in a kind of or several professional or social activities etc directly or indirectly. |
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