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News Tort Liability

Author: XuShuYing
Tutor: WangLiPing
School: Shandong University
Course: Legal
Keywords: News infringement The main responsibility Principles of attribution Constituent elements Accountability
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 285
Quote: 0
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Abstract


News infringement as a special type of infringement tort law, at this stage of China's legal provisions also not comprehensive, specific, perfect. News infringement cases in recent years increasing, News tort liability law is not perfect, the judiciary basis for enforcement is not uniform. This article will discuss News Tort Liability of some of. The paper is divided into six parts. An overview of infringement by the first part of the news. First the concept of infringement on a clear, different scholars have different interpretations, I believe that the concept of news infringement is a citizen or legal person in the news infringement, due to the fault of the press release works against the legitimate interests of other citizens or legal behavior. The concept of journalism give presentations. Secondly, news infringement of four features and news are four types of infringement. Discusses the relationship between freedom of the press and the legal protection of the right of personality. The main responsibility for infringement by the second part of the news. News infringing the main responsibility for the implementation of the press violations, citizen or legal person shall bear tort liability. I believe that the news Tort Liability body should be: press units, non-reporters of the news organizations, news organizations general contributions, reproduced media, and actively provide information to the news units citizen or legal person. The press release news organizations reporters, news organizations invited author and negative citizen or legal person to provide news and information to the news units should not become the main responsibility of the news infringement. The third part of the news Tort Liability Fixation. The civil law news infringement shall apply the principle of fault liability, but some judicial interpretation showed for no-fault the spirit of the principle of responsibility, some scholars believe that should apply to equitable liability or no-fault principle of attribution, I believe that the news infringement should be applied to the fault normalized special form of responsibility principle of presumption of fault, should not apply to the other principle of attribution. The fourth part of the news infringement Essential Elements. Different researchers have different views on the constituent elements of the news Tort Liability. I believe that the constituent elements of the news Tort Liability should be with the general tort has four elements: News violations illegality, damage to the facts, news tort and the damage results of a causal relationship between the tortfeasor's fault. News infringement illegal Features three: infringement of social significance, infringement should have a specific object and violations. Violations fault applicable standards: News infringement willful infringement applies to subjective criteria, objective criteria applicable in the News Tort negligence. Part V News Tort Liability exempt. News tort liability exemption should have a legal basis and News Tort Liability Exclusion conditions. News tort liability exemption conditions precedent: News tort must occur in the dissemination of new

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CLC: > Political, legal > Legal > Chinese law > China and France
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