An Empirical Study On The Distribution Of Burden Of Proof In Infringement Lawsuit Report

In the Internet age,the development of information technology has become an irreversible trend,especially the development of mobile Internet,the popularity of smart phones,to our lives has brought about ever-changing changes.People are accustomed to daily mobile phones through mobile phones such as browsing or access to a variety of information in order to quickly and quickly understand their own social development in the latest developments,access to information through reading news has become an indispensable part of our daily life.At the same time,the news media through the news reports,the first time will have happened more comprehensive,objective,authoritative display to the public,both conducive to promoting the flow of information to protect the citizens of information right to know,but also conducive to play Its supervision of the government,to guide the function of public opinion.There is no doubt that the rapid development of the news media industry to a certain extent,is conducive to the realization and protection of their citizens freedom of speech,as freedom of speech the most direct and most comprehensive form of expression,freedom of the press is subject to constitutional and legal protection.Any rights and freedoms are not unlimited,even if the news media published by the news should also comply with the provisions of the law,there should be no violation of the legitimate rights and interests of others content.In the Internet + era,along with the rapid development of democracy and Internet technology at the same time,due to news reports caused by infringement disputes are more frequent.News reporting infringement litigation Compared with the general infringement litigation,the application of the burden of proof distribution rules is peculiar because the court needs to balance the protection of the rights of "freedom of the press" and "civil rights" when hearing such cases.If the blind emphasis on the news media to enjoy freedom of the press,and its in the process of news reporting inappropriate behavior,will inevitably lead to the protection of private rights of the absence of citizens;if excessive protection of civil rights,regardless of the news media The normal exercise of public opinion supervision of social responsibility,which is undoubtedly very detrimental to the development of the media industry,which is not conducive to the protection of public right to know and the development of democracy.The distribution of the burden of proof is the key issue in the civil trial practice,which is related to the risk of litigation.In the case of infringement litigation in the news report,the court in the case of the authenticity of the key facts of the case of how to prove the distribution of the relationship between the litigants(news media and victims)the vital interests.The correct distribution of the burden of proof in the trial practice is very critical to the freedom of the press and the private rights of the citizens.Through the study found that the current academic and trial practice in China,on the hearing of news coverage infringement dispute how to prove the distribution of responsibility has been controversial.It is argued that the principle of "who advocates,who is the burden of proof" should be applied,that is,the parties should provide proof of their own claims.Some people advocate that infringement of news reports is a special infringement and should be applied to the burden of proof,He has no subjective fault to bear the burden of proof.The Supreme Court of the People's Republic of China issued the first rule in the judicial interpretation of the Civil Procedure Law in 2015 to clarify the basic rules of the distribution of burden of proof,which undoubtedly provides guidelines for the judicial practice of tort reporting.This paper will analyze the case of honor infringement disputes such as "Beijing News",and try to explore the distribution of burden of proof in the trial practice of infringement litigation in our country,so as to benefit the trial practice.This paper is divided into three parts.The first part is mainly the analysis of the case cited in this article,the reason why the choice of this case because of its two trials,and the outcome of the two trials are very different,very typical and research value.This section includes a basic review of the facts of the case,the analysis of the reasons for the judgment of the court of second instance and the analysis of the outcome of the judgment to explore the reasons for the different cases of the same case.The court of second instance is different from the determination of the key facts,the question of the distribution of the burden of proof of the key fact.When the authenticity of the key facts is unknown,the court of second instance has differentiated the burden of proof of the key facts,resulting in the emergence of different results.Therefore,in this chapter,through the comparative analysis of the facts of the case and the distribution of the burden of proof in the case of the court of second instance,the author puts forward the main research questions in this paper: the content of the news reports is inaccurate with the news media in subjective fault The results prove that the responsibility in the end who should bear.In the first part,we have put forward the main purpose of this research,the second part mainly discusses the current situation and theoretical research of the tort liability and the distribution of the burden of proof.Through the study we found that as one of the tort liability of tort reporting,its constituent elements also include four aspects: the perpetrators of the implementation of the illegal acts,the victim is damaged,the victim's damage and behavior between the perpetrators of violations Has a causal relationship and the subject has a subjective fault.However,the news coverage infringement is different from the general infringement,it is the behavior of the public to publish news reports in the form of infringement of the legitimate rights and interests of others,the form of infringement with social openness.Therefore,it is necessary to combine the particularity of the news report with the particularity of the news report in determining the specific facts of the tort liability constituent.Only when the content of the news report is false and the news media has a subjective fault in the content of the false report can the infringement be determined.In the second part,we put forward the problem of the distribution of the burden of proof in the trial practice of the news infringement litigation trial,and then in the second part,we get the news through the theory of the distribution of the burden of proof theory and the news report.The general principle of applying the distribution of liability in the alleged infringement dispute should be applied.Through the first part and the second part of the study,we found that the news reports of infringement disputes in the content of the news reports inaccurate with the news media has the result of subjective fault proof of responsibility to assume the existence of legislation,theory and judicial practice of the confusion of the status quo.The third part is mainly through the combination of specific cases of the second analysis why there is such a problem,and finally for the reasons for the existence of the current situation to solve the problem.