An Empirical Study On The Judiciary Of The News Media Using Public Opinion Supervision As The Defense

In the news media activities of the news media,there is a balance of power between the right to supervision of public opinion and the right of the object to be supervised.The core of the problem is the boundary between press freedom and personality rights.However,the legal theory and law about public opinion supervision are not the same as whether it constitutes a right to personality right infringement.There are also many unclear boundaries about how to determine such personal right disputes.This article makes a statistical analysis of how to determine public opinion supervision in judicial practice,and sorts out and analyzes the judicial status quo.And starting from the theory of public opinion supervision,the use of public opinion supervision is compared from the three aspects of legal concept,legal theory and judicial practice to analyze the boundary between public opinion supervision power and personality right conflict,and analyze its existing problems..The core of the problem is the opposition between news media's freedom of the press and the personality rights of the supervised object,as well as the issue of the protection of the rights of the parties caused by this conflicting relationship.In order to solve the study of the press media supervision supervision rules.This part has perfected the handling method of public opinion defense assertion in judicial practice,and then from the two angles of infringement composition and responsibility commitment,it clearly defined the standards and boundaries of news media's exercise of public opinion supervision in judicial practice.The results of empirical research show that the news media's disputes over personal rights due to public opinion supervision are increasing.The court disputes on this kind of personality right are based on the referee rules of “protecting the truth of the news” and recognize the right of public opinion supervision of the news media.However,our country's law does not stipulate the specific rules for the exercise of the right to public opinion supervision.The theory has different opinions on the defense of public opinion supervision.How the news media exercise the right of public opinion supervision is difficult to form a unified scale,not only is it inconvenient to clarify the scope of the news media to engage in news reporting activities,the special nature of news media public opinion supervision has also plagued the judicial practice.Therefore,the relationship between freedom of speech and freedom of the press,freedom of the press,and public opinion supervision clarify the scope of public opinion supervision and protection of personality rights,and it helps to clarify the boundaries of news media's exercise of supervision over public rights.The innovations of this paper are as follows: First,the article makes judgments on the function determination of media public opinion supervision and defense,analyzes from the standpoint of news media public opinion supervision and defense violation,and clarifies whether it is right defense or right of defense.Secondly,since the issue of public opinion supervision and defense in the news media involves the fields jointly studied by journalism and law,the definition of such issues is not clear.This article defines the concept of “news infringement” in journalism from the perspective of law,with a view to the common development of disciplines in different fields.Third,this article uses a judicial empirical research method to examine how judicial practice balances the contradiction between the press media's right to public opinion and the object's personality right,strives to accurately describe the actual state of justice,and provides empirical evidence for the media's public opinion defense.material.And analyze in depth the reasons for this phenomenon,with a view to clarifying the scope of the boundary between the press media's supervision rights and the object's personality rights.