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On the Defense Against the Press Infringement

Author: LiaoYingLin
Tutor: YiJiMing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: The right of reputation Freedom of the press Infringe on the right of reputation Defenses
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract


News is one of the best ways for people understanding and knowledge of recent events , the information society , access to information resources . In our country, the news media is the mouthpiece of the party and the country has played an important role to promote ideas and promote the political , economic , cultural construction . In recent years, with the continuous development of the activities of the growing awareness of the rights of the public , press against the right of reputation dispute cases have occurred . Freedom of the press is the basis of the news media for dissemination activities , news reporting and commenting on the social life and public affairs , criticism and oversight inevitably will and citizen , legal person of private rights field conflict . In judicial practice, the most prominent manifestation of this conflict is the news infringe on the rights of reputation and personality rights cases . For the settlement of such disputes and the trial of the case , just to take effect near the People's Republic of China Tort Liability Law and relevant provisions of the country nor the press law and other similar laws , just the judicial interpretation of the Supreme People's Court in the news the trial of the cases of infringement of reputation, privacy and personality rights provides for the principle . The media as a defendant in the judicial practice a variety of defenses because not relevant laws, regulations , judicial interpretation clearly defined and often difficult to obtain a court admissible , the news media often in a passive position to take the blame . Defenses are so clear and perfect press against the right of reputation to ensure the normal duties media , play an active role in the strong guarantee . Defense news against the right of reputation examine our legislation on the subject of the relevant provisions of start to analyze the deficiencies in the current legislation and judicial practice and outstanding problems , reference statistical research scholars , combing the defenses raised by the news media in the judicial practice observations on comparative law and legal system of common law and civil law countries learn to make a clear and perfect news defenses against the right of reputation the subject of a number of recommendations , in between the freedom of the press and the protection of Individual Rights , looking for two the best balance between the two interests , under the premise of protecting the private rights of the civil subject , better play to the functions and role of the news media should promote the social civilization and progress .

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