The Types Of Rights And Protection In Press Infringement Cases

The way of protecting the constitutional rights in civil cases concerns the implementation of the constitution,and further affects the dignity and authority of the constitution.Because of the infringement of the right to privacy and the freedom of the constitution as a constitutional right,the news infringement case has typical and special complexity.The complexity mainly comes from two aspects,one is the complexity of the right types.Although the cases don't involve too many right types,but it involves the nature and scope of protection of the right of personality,the right of press and even the constitution clause of human dignity.Clarifing the conflicts between rights and boundaries of different rights is not an easy job.Second,in practice there are many standards in the news infringement cases,such as actual malice principle,the principle of public figures,clear and present danger principle in foreign law.In the legal system of our country,there are similar principles of judgment criteria,such as serious distortion and public figures etc..These criteria are usually used by the judge to balance the interests but different judges have different opinions on the value.Through the analysis of the judgment documents of our court,the judges in the case of news infringement are concerned about three core elements——the authenticity,the consequences of the damage,the public figure.But unified regulations did not lead to a consistent judgment results,different judges follow different judicial logic in different cases;someone thinks highly of certain judgment factor,or has a deviation when they read the factor.Although these factors have a certain value tendency,but due to the lack of judgment benchmark at the meso level,these factors become a technical reference tool.Thus,there are some problems,mainly divided into three aspects.First,regarding rights as interests destroyed the protection barrier of rights,as the moral principles of civil rights turned into alternative interests,which leads to the lost of restrictions imposd on the government when it deprive rights of individuals.Second,the lack of autonomy is difficult to judge the political factors,not all political problems can be resolved through legal channels,extraordinary performance of the U.S.federal supreme court in Gore v.Bush by law to solve the political problems,does not mean that it can be applied to news infringement cases.Third,the lack of constitution value when balancing interests leads to confusion,especially in the face of many judges referee elements the judges don't know where to begin.Its root lies in the lack of understanding of the constitutional rights involved in the case,resulting in rights-whether the constitutional rights or civil rights,have failed to get a good guarantee.Therefore,we need to first distinguish the types of rights and their attributes and connotation in news infringement cases.Some scholars believe that the rights of reputation,privacy and other personality rights derive from the Constitution personality dignity clause,and seek equal status with the freedom of the press when balance interests.The theory faces two problems,first,the constitution of thirty-eighth can not accommodate the personality right in civil law.Second,to seek the constitutional basis of the right of personality is not necessary.But the most dangerous question is that the freedom of press can be easily overlooked.Considering China's current situation of protection of the freedom of press,we should use the Meiklejohn's theory which divides speech into private speech and public speech,giving absolute protection of news reports concerning public problems,especially the political problems.Only through the analysis of the freedom of the press and the clarification of the scope of freedom of the press can justice be achieved.It is the goal of this article to provide an available reference for the press infringement cases.The division of facts statement and value judgments relates to the protection of the freedom of press.The freedom of press firstly protect the expression of opinion.Secondly,the news infringement cases need to judge the authenticity of the news content,so the fact that the distinction between value and opinion affects the use of referee elements.Therefore,the combination of the division between public/private news,fact/opinion provides a right analysis model,and divide news into four parts,each part corresponding to different standards of review,which to realize the maximization of the freedom of press and personality right.