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Conflict and its legal regulation of the rights of freedom of the press and the reputation of a public figure

Author: Ni
Tutor: HouJian
School: Fudan University
Course: Legal
Keywords: Freedom of the press Public figures The right of reputation Legal regulation
CLC: D922.16
Type: Master's thesis
Year: 2008
Downloads: 600
Quote: 2
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Abstract

Freedom of the press, the Constitution provides for the fundamental rights of citizens. Supervision by public opinion are not limited to, the importance of freedom of the press behind for the supervision of public officials, it also involves the supervision of social \In this paper, the so-called \Our current law is the same protection for public figures and ordinary citizens the right of reputation, legal concepts and definitions of \People \Domestic law experts on the issue of how to resolve the conflict between the freedom of the press and the right to the reputation of a public figure, still in its infancy, and the formulation of legal norms in the exploration. Reputation right of freedom of the press and public figures, in the end should focus on the protection of which party, and how to achieve a balance between the two rights, not only China's legal theory is also need to solve the difficult problems of our reputation right method. Based on the above thinking, from a legal perspective, analysis of the conflict of the freedom of the press and public figure right of reputation, and explore appropriate solutions. The paper is divided into five chapters. Chapter questions, from the concept of the right of freedom of the press, the reputation and the reputation of the value start to analyze the characteristics of a public figure right of reputation on the forms and causes of the conflict between the freedom of the press and the right to the reputation of a public figure. The second chapter details the United States Supreme Court in dealing with the conflict of the rights of freedom of the press and the reputation of a public figure doctrine of precedent, carding a copywriter for the beginning of the New York Times v. Sullivan has a series of defamation of public figures cases on the American principle of public officials to the context of the development of the principle of public figures, focusing on analysis of the reasons for judgment and the legal basis of the case of the \The third chapter describes the rule of law and judicial practice of the right of the reputation of a public figure, legislative and judicial status quo of China on the legal system of the right of reputation of a public figure cases investigated by Fan Zhiyi v. Oriental Sports Daily \The contrast with the United States and other Western countries, on the difficulty of this legislative gaps and judicial practice. Chapter 4 discusses the right to the reputation of public figures and ordinary citizens the right of reputation is the problem of equal protection or differential protection, trying to equal protection and differential protection from the legal point of Both solutions are compared, from the association of public interest, public figures dominance and resource utilization capacity, discusses weaken the protection will not cause undue harm to the public figures. Chapter theoretical results combined with Chinese scholars and judicial practice, the definition of the concept of public figures and epitaxial attempt by the introduction of the legal concept of \reputation right of \

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