On The Legitimacy Of Expressing The Expression Of Media From The Perspective Of Private Relief

In the view of private relief,the expression of media opinion is used as a tool for private relief,with low cost and high efficiency advantages,widely used by network users.However,due to the lack of legal regulation and guidance,the right person in the use of media opinions from the expression of the realization of the rights of relief in the process,it is difficult to grasp the boundaries of behavior,resulting in excessive relief into the results of infringement.Judicial practice because of the media opinion expressed violations of the rights caused by the dispute,but also because of the lack of adequate legal basis and uniform legal application standards,the referee results are almost "one size fits all",identified as infringement,but not all use The media to achieve private relief behavior is tort.The root cause of the above-mentioned dilemma lies in the lack of a criterion for judging the legitimacy of the media opinion from the perspective of private relief.In this paper,the author tries to analyze the factors that influence the standard of legitimacy from the perspective of private power from the perspective of civil law and media law.On this basis,it is proved that the legitimacy of private relief is realized by using media opinion,And accordingly put forward the legitimacy criteria for judging the realization of private relief from the media opinion.In order to give full play to the advantages of expression from the media,but also to limit the expression of the media from the expression of the views of the media to achieve the right to provide a reasonable degree of relief,for the right to use the media from the expression of private relief,To provide legal protection and basis,to avoid the consequences of excessive relief caused by the occurrence of infringement,and judicial practice to provide a clear legal application standards to solve the problem of judicial application.The first part is "Preface".It mainly introduces the practical and theoretical significance of this writing,the problem to be solved and the research method,and plays the role of outline.The second part is "private relief from the perspective of media opinion to express the plight of legal regulation." This chapter presents the dual dilemma faced by the expression of the media opinion from the perspective of the application of legal norms and theoretical research in judicial practice,and paves the way for the subject of this article.The third part is "the right person to choose from the media to express the reasons for the realization of private relief." This chapter analyzes the reasons for the realization of private relief from the expression of media opinion in the practice of the right of the rightfrom the media opinion and the relationship between the private opinion and the private power relief,from the media opinion to express the advantages of private relief.In order to stand on the behavioral motive of the actors to discuss the legitimacy of the behavior.The fourth part is "private power relief from the perspective of media expression of the value of the law analysis and institutional basis." This chapter intends to discuss the theoretical and institutional basis for expressing private relief from media opinion from the perspective of legal basis and institutional basis,taking civil law and media law as the starting point.Combined with the theory of "right value level","self-help behavior theory","debtor tolerance obligation","exemption of rights and the principle of safe haven" and "self-purification rules from the media" and other aspects of private opinion from the perspective of media views The theoretical and institutional basis.The fifth part,"from the perspective of private relief from the media expressed the legitimacy of the standard and specific application." On the basis of summing up the above discussion,this chapter puts forward the standard of legitimacy from the media opinion perspective,that is,from the aspects of the legitimacy and rationality of the behavior,The Relying on the case of judicial practice,analysis from the media to express the expression of private relief and the right to privacy and reputation of the conflict,the rights of the legitimacy of the behavior.So as to kick back the full text of the subject,to crack the judicial practice from the media to express the realization of private relief legal application of the problem.