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On punitive damages applicable in our news infringement

Author: NiSiSi
Tutor: ZhangGuangJie
School: Fudan University
Course: Legal
Keywords: News Infringement Tort Liability Punitive damages
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


With the development of our society, the continuous improvement of the citizens' awareness of their rights, journalism in China took place many welcome changes, but also facing some new problems. Which news infringement is one of the problems of the press and the legal profession is currently facing. The existing judicial system, News tort litigation emerging conflict exposed the freedom of the press and news monitoring conflict, conflict personality rights of citizens and the public's right to know, personal interests and public interests. Punitive damages system corresponding to the system of compensatory damages compensation system. Benefits beyond the victim compensation beyond the actual loss to be punishment of the perpetrators. In order to constantly improve existing news tort liability system to establish the applicability of punitive damages system news infringement, on the one hand, from the basic theory, concept combing news infringing characteristics, system theory of punitive damages; another The paper examines the applicability of punitive damages, as well as the reform measures in the Anglo-American Law News tort analysis in our News tort liability system established punitive damages system's legitimacy and feasibility. This paper discusses five chapters: The first chapter defines the concepts and features of the news infringing existing news Tort undertake analysis and classified combed News tort liability system, that the system exists problem and propose a corresponding improvement measures. The second chapter through case leads to punitive damages to the concept and origin of punitive damages, its functional value analysis, and focuses on the curb, punishment, deterrence function of punitive damages. The third chapter is the legitimacy News tort liability system in China established in punitive damages system analysis. The introduction of the status of legislation on the punitive damages system analysis, also explained the Anglo-American News tort application and reform of the punitive damages system, through vertical and horizontal two-way comparison, and foreign legislation and judicial practice, to be clear in our news The question of legitimacy of the application of punitive damages in tort liability. Chapter our News tort liability system, the feasibility of establishing punitive damages system analysis. Compared the difference between the punitive damages and compensatory damages as well as the spirit of damages, and discusses the nature of punitive damages, as well as the nature of the reasonableness of punitive damages applicable conditions applicable in the News tort and punitive damages determining the amount of problems. The fifth chapter discusses the relationship between the right to freedom of the press and judicial involvement. Through the conflict explore news infringing nature of trying to seek a balance between the freedom of the press and judicial involvement.

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