Research On The Judicial Application Of Hidden Interview Infringemen

The essence of implicit interview infringement is the value conflict between personality right and press freedom.As one of the types of tort,the tort of tacit interview is not stipulated in the Civil Code · Tort Liability,but in the Civil Code · Personality Rights.Therefore,there are two different perspectives on the identification of tort liability,one is based on the traditional constitutive elements system,the other is the comprehensive identification of tacit interview tort by combining specific considerations.In judicial practice,it is not clear to identify the boundary of public interest and fair use in tort defense of implicit interview.The judge did not measure value in the course of the specific case argument.In the judicial practice of the obligation of reasonable verification,it only takes the "opinion of the court" to blur whether news media fulfill the obligation of reasonable verification,instead of identifying the specific elements.In tort relief measures,the original way of tort relief has not been broken,and the single relief measures are not conducive to the protection of personality right.This paper is divided into six parts: the first part is the introduction,which mainly introduces the research purpose,research background and research status at home and abroad.The second part mainly analyzes the types of tacit interview infringement and the specific causes of tacit interview infringement through specific cases.The third part mainly analyzes the judicial status of tacit interview tort and puts forward the problems existing in the judicial application of tacit interview tort.The fourth part mainly analyzes the two perspectives in the tacit interview tort liability identification,seeks the complementarity of the two perspectives,and clarifies the criteria for the tacit interview tort liability identification.The fifth part is mainly through the improvement of tacit interview tort defense excuse,so as to clarify the use of tacit interview tort defense excuse.In the sixth part,on the basis of analyzing the remedial measures after the infringement of tacit interv.