Research On The Distribution Of The Burden Of Proof In The News Media Defamation Lawsuits

In recent years, media progress rapidly with the help of the Internet technology, at the same time the news media defamation lawsuits have increased greatly in our country. This case is different from the common tort cases, it is related to the right of reputation and freedom of speech. Who should prove that constitutive elements of tort?When the facts of the case is really unclear, who should bear the burden of proof? The distribution of the burden of proof is absolutely vital for the news media defamation lawsuits, by which should realize the balance between the protection of personal right of reputation and the freedom of press. The study has found that our country's relevant laws and regulations are not perfect on the distribution of the burden of proof in the news media defamation lawsuits, resulting in random phenomena of the burden of proof in the litigation process. Study on the distribution of burden of proof in such cases can provide certain reference for the infringement of the right of reputation in the news media in our legislation, can be also used as reference for the judicial practice in such cases, has the value of research.This article is the case analysis. The author analyzes the problem which in the case of Guangzhou Aoda Biology Cosmetology Health-care and Technology Co.,Ltd sue Guangzhou three investment Culture Communication Co.,Ltd. Around the case, the author puts forward improvement suggestions to solve the problem on the Distribution of the Burden of Proof in the News Media Defamation Lawsuits.In addition to the introduction, there are four parts in this article, which is more than 30,000 words totally.The first part briefly introduces the case-Guangzhou Aoda Biology Cosmetology Health-care and Technology Co.,Ltd sue Guangzhou three investment Culture Communication Co.,Ltd defamation. The author sums up the focus of controversy:how to distribute the burden of proof and what the distribution is based on.The second part is the analysis of related legal issues. This part has studied the general principles of the news media defamation lawsuit, analyzed the legal basis,litigation legislation and judicial situation of distribution of burden of proof. The author has enumerated the main points of how to distribute the burden of proof in such cases, and has analyzed the pros and cons of each viewpoint.The third part is the analysis and conclusion of this case. Based on the theory of law,combining with all levels of court trial, the author has drawn a conclusion. If the website run by the defendant has the nature of news media, the case involved in the public interest should appropriate relief the defendant's burden of proof, the plaintiff,as public figure, should prove the subjective fault of media.The fourth part is the enlightenment from the case. The author puts forward this viewpoint: the distribution of the burden of proof on the news media's subjective fault according to the different identity of the plaintiff and the different concerns of the news report, Whether the news report is related to "public figures" and the public interest is very important. If the plaintiffs are ordinary people, their behavior does not involve the public interest, the author thought should tend to protect the civil subject's personality right and implement the inversion of burden of proof; if the news report involves public figures or to the public interest, we should tend to protect the supervision function of media, strengthen the protection of freedom of speech,appropriate to reduce the burden of proof of the media.