The Research Of “micro Media” Tort

Along with the advance of Information technology,the mass media has developed rapidly.The media industry plays an important role in daily communication,as well as participating in politics.In promoting the dissemination of information,strengthening the public's right to know and achieving social supervision,the mass media have contributed to the success.However,due to the lack of the legal system and the lack of supervision of relevant departments,the operators' social responsibility is not strong,and the issue of media rights infringement cannot be ignored.How to protect the freedom of public expression while preventing the infringement of human rights is a problem that must be solved to create a healthy and civilized network communication environment.There is no media tort system in our country,so it is difficult to deal with the media infringement.In the practice of infringing media,many problems are difficult to get clear and convincing solution.Thus,study the current situation and problems of the tort in a view of legal practice and the study of dispute resolution method is particularly necessary.This article uses the infringement cases in MicroBlog and WeChat as the research objects.The statistical analysis of the MicroBlog and WeChat infringement cases since 2010 shows that the infringement cases of MicroBlog and WeChat have expanded the scope of infringement subject,increased difficulty of identification,and infringement methods.Diverse and complicated,the difficulty of proof is enhanced,there is more direct direction,and the consequences of infringement are broader.Finally,the dissertation discusses the notion of media infringement,which is not controversial in academic circles,and believes that the concept of using “transmission infringement” is more scientific.At the same time,the paper also discusses the principle of liability and infringement of infringement subject in infringement cases.The general tort subject applies the principle of fault,and for network service providers,the principle of fault presumption is applied.This article is divided into four parts:the first part introduces the research origin and significance of this paper,combs the relevant literatures of domestic scholars,and expounds the research methods of this paper.The second part analyzes the research framework,object,limitations and statistics of the news tort cases and also make the conclusion.The third part analyzes the tort cases of weibo and weichat from 2009 to 2017 respectively.The fourth part is to solve the problem of news tort and give some suggestions to improve the system of news tort.