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The Study of Justification of Reputation News Tort
Author: WangChao
Tutor: ChenLiDan
School: Hebei University
Course: Journalism
Keywords: News right infrigement Right of reputation Defense of truth
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 100
Quote: 1
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Abstract
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Defense of truth in news right infrigement, as the object of this thesis, is the staple and the primary defense which medias use in libel cases; and meanwhile defense of truth in new right infrigement is a complex issue as it is involved in many ringts and benefit. For this reason, though defense of truth is the most extensive applicable defense, it is the one defense that has most misunderstanding and controvesy in Chinese. There are some reason for the misunderstanding about defense of truth:the first, journalism is different from science of law in understanding of truth; the second, journalist is short of the knowledge of journalism law and short of legal consciousness in reporting; the third, defense of truth needs to inosculate to our courty’s law syeterm as a concept from common law; the forth, in our law systerm there are some ambiguousness concept which need to clarification and there are some pitfall which need to aviod in our law practice.The thesis expound the origin of defense of truth, clarify the relation of defense of truth and other interrelated legal concept, then analysis the embarrassed plight of defense of truth in the news right infrigement, give advice to perfect our news tort law by concluding the essential experiences of commonlaw and continental law. The essential purpose of this thesis is clarify four cecept that is news、truths、law、freedom, by means of the writing to recognize and pay attention to the importance of freedom of the press, achieving legal truth by procedural justice. Journalist have to understand and be seasoned with the legal and protect the freedom of press within the law.
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CLC: > Political, legal > Legal > Chinese law > China and France
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