The Constitution And Undertaking Of Tort Liability For News Report’s Infringement On Personality Right

News infringement as a type of tort liability has not been in the civil tort responsibility make independent regulation,this also means that the news infringement on the current specification system no independent imputation principle and the burden of proof,still apply the provisions of the general tort liability,so in practice,the court usually use traditional component elements of tort liability to determine whether a person bear tort liability.However,the theory of constitutive requirements holds the principle of "all and nothing",which holds that the constitutive requirements are sufficient and necessary conditions for the occurrence of legal consequences.If the requirements are satisfied,the liability will arise,and if any of the requirements are absent,the liability cannot be established.In addition,the theoretical function of constitutive elements of tort liability is relatively limited when determining the way and scope of liability under the circumstance that news reports infringe on the right of personality.The introduction of dynamic system theory in the personality right of Civil Code provides beneficial support for correctly identifying the constitution and responsibility of news reports infringing on personality right,and article 998 is the most typical one.Component elements of this is due to the dynamic system theory broke through the system all have nothing ",its theoretical framework is not limited in the frame of the concept of traditional tort constitutive requirements,in the judgment of responsibility established,should according to the statutory factors and order fully consider the various factors and value judgment,to abandon all have no responsibility,Making its theoretical judgment more close to the practical application scenarios;In addition,the dynamic system theory can also serve as a useful normative support and theoretical structure for determining the liability mode of torts perpetrator.However,in current practice,courts tend to ignore the influence of relevant dynamic factors when adjudicating such cases.Even considering the role of dynamic factors in the composition and assumption of liability,relevant factors are easy to be ignored in the confirmation of such cases,such as "judgment according to law","discretionary compensation" and "no support".Therefore,the trial court’s position on the interest measurement of news reporting and personality right is often in a vague state.How to perfect the process of proof,clarify the factors of consideration and scientifically weigh different value judgments are the urgent issues to be solved in the infringement cases of news reporting.This paper aims to use the dynamic system theory and refer to article 998 of the Civil Code to list in detail the main factors affecting the constitution and assumption of the liability of news reports infringing on the right of personality,and analyze specific cases to compare the influence and role of each factor in the judgment of such cases,and then draw the main conclusions as follows: In judging the composition of news report violations of the personality right infringement responsibility,each factor has certain status,the court should first consideration is offenders identity and professional reports,the main body of size and orientation,followed by the infringer prior behavior,the last is the purpose of reporting behavior,ways and consequences,there is also a certain synergy between various factors;In the process of undertaking the liability for infringement of the right of personality in news reporting,it is necessary to consider the occupation and the prior behavior of the victim,the degree of fault of the reporting subject and the scope of influence of the reporting content,and determine the specific application of the property liability mode and non-property liability mode according to the order and synergistic effect of the elements.