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On The Protection Of The Right Of Roputation Of The Criminal Suspect In The Media Report

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:W W ZhuFull Text:PDF
GTID:2346330542497927Subject:Law
Abstract/Summary:PDF Full Text Request
The protection of human rights is one of the main purposes of criminal procedure law and the core value that judicial organs should pursue in criminal proceedings.The right of reputation is the basic human right and the most direct embodiment of human dignity.The protection of human rights in criminal proceedings is not only the basic consensus of modern international society,but also the basic consensus of criminal justice in our country.During the process of human rights entering the constitution and human rights protection being written into the criminal procedure law and the relevant legal system,the human rights protection work in China has made great progress,and the human rights problem of the suspects is a particularly prominent part.In this process,procedural rights and due process participation have made equally outstanding progress.However,the protection of some spiritual rights,including the defendantís right of reputation in this paper,is in a state of slight backwardness.With the rapid development of the Internet,in addition to the investigative organs and traditional media that may cause the infringement of the reputation rights of criminal suspects,more and more new media forms relying on Internet platforms are likely to infringe upon the reputation rights of criminal suspects and more difficult to get relief.Based on the case of Yin so and so,which has a time span of more than ten years,this paper points out that the media report infringes on the suspectís right of reputation has a large time span,has a wide range of influence,and it is difficult to seek relief.From the case to the whole,it is found that it has the natural conflict between the mediaís right of public opinion supervision and the criminal suspectís private right.How to balance this relationship to better protect the criminal suspectís rights is the key of this paper.By analyzing the necessity of the protection of criminal suspectís right of reputation and the limit of mediaís exercising the right of supervision of public opinion,this paper makes a theoretical analysis and definition of this problem,and combines with the different media forms analysis of the current situation,including the public security Weibo,including the public power organs on behalf of the new form of media infringement of criminal suspectsí reputation,which is the innovation of this article;On the basis of drawing lessons from the relevant legal experience of foreign countries and proceeding from the reality of our country at present,the author puts forward corresponding suggestions to solve the problem.In order to solve the problem of infringement of criminal suspectís right of reputation in the media of our country at present,we hope to arouse more attention and thinking.
Keywords/Search Tags:Media Report, Reputation of Criminal Suspect, Human Rights Guarantee, Presumption of Innocence
PDF Full Text Request
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