| With the rapid development of information technology,the news media industry has also entered a period of rapid development.Various modern media forms,including network media and broadcast media,have emerged.For China's socialist construction,their civilization has also been greatly promoted.As the " uncrowned king",journalists should have grasped their pens,pointed out the current malpractices,punished the evil and promoted the good,and correctly carried forward the " vanguard" of socialist mainstream values.However,in recent years,many journalists have abused their right to interview and report,committed illegal and even criminal acts such as blackmail,slander,etc.,seriously damaged the image of the news team,eroded the credibility of the news media and caused confusion of social values.This is not only a disadvantage of the news industry,but also should be paid attention to in the field of law.To regulate this phenomenon from the legal level with legal thinking,from the perspective of our legal system,criminal law is an independent department law.When punishing criminal acts,criminal law takes punishment as a sanction measure,which is also the most obvious difference compared with other department laws.Penalties deprive citizens not only of their property rights,but also of their right to life and liberty.For a person,these rights belong to basic rights.Deprivation of these rights will make people disappear from society.The disappearance here can be formal or physical.Based on this,the criminal law should adhere to the principle of modesty.Only when the administrative law and the civil law cannot reasonably regulate the deviant behavior of journalists can the criminal law be started to regulate.Then,how to correctly apply the criminal law is a problem that we need to consider.In addition to the introduction and conclusion,the full text is divided into four parts,totaling about 45,000 words.The first part roughly defines the scope of journalists studied in this article and what is the criminal risk of journalists,which leads to the necessity of the research on this issue.News practitioners hold the " fourth right" in their hands and carry out the dissemination of truth and public opinion.Their anomie behaviors will erode the credibility of the media,violate the professional ethics of the groups they belong to,and even cause confusion of social values.Based on various hazards,it is of vital importance to accurately prevent thecriminal risks of news practitioners.The second part is the focus of the paper.Firstly,it summarizes the behavior patterns of criminal risks of journalists and the criminal risks that journalists may encounter in their professional activities by analyzing cases.The general crime situation can be obtained through basic search,and then the characteristics of crimes involved by journalists can be summarized through accurate screening.These crimes are classified into news corruption crimes,false news crimes and classified crimes based on the crime object.The specific crimes included in the three categories of crimes are described in detail and illustrated with cases.Secondly,on the basis of the above analysis,this paper seeks the causes of this criminal risk from the internal problems of the news industry and the non-standard problems of laws and regulations.In the news industry,internal discipline is not standard,the quality of employees is uneven,and it is more constrained by the difficult living environment of the media and the great pressure of market competition.From the legal point of view,the boundary between civil and criminal law is not clear,and there are different attitudes towards such crimes in judicial practice.A variety of reasons have led many journalists to take chances or to commit crimes in ignorance.The third part puts forward the idea of preventing this kind of criminal risk from the theoretical level.First of all,we should base on the position of freedom of the press.When freedom of the press conflicts with other interests,we should protect freedom of the press as much as possible.Secondly,when public power and law intervene in the freedom of the press,we should take a moderate and cautious stand.Public power and private rights are contradictory and unified.To eliminate the abuse of public power,legal restrictions should also be strictly in accordance with the provisions of the law.Finally,when preventing the criminal risks of journalists,we can seek more social means to let the industry and society digest this problem.In the fourth part,based on the above-mentioned theoretical conception,preventive measures are put forward from the practical level.First of all,the law is the most effective means to explain the law's restraint on journalists from two aspects: the formulation of the press law and the modesty of the criminal law.Secondly,from the perspective of perfecting the supervision system to regulate journalists,it can be divided into socialized supervision and restriction of industry habits.Finally,it should be attributed to the news industry itself,and the criminal risks of its own group should be prevented from the perspective of self-disciplinewithin the industry and the improvement of the quality of journalists themselves.By analyzing the criminal risk behavior patterns of journalists and constructing prevention paths,this paper aims to reasonably and legally regulate journalists,create a good industry environment,and ensure that the " uncrowned king" can correctly exercise his rights while ensuring the freedom of the press. |
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