论文标题:新闻侵权民事责任制度研究
Research on Liability for News Infringement System
论文作者 门薇
论文导师 李建华,论文学位 硕士,论文专业 法律
论文单位 吉林大学,点击次数 92,论文页数 51页File Size518k
2005-04-20论文网 http://www.lw23.com/lunwen_97058177/ 侵权;责任; 新闻;归责原则;构成要件
OO-BPR; Object Oriented; dynamic process modeling technology; business process framework; UML
本文从介绍新闻侵权行为的特征与类型入手,从侵权行为法的角度较为全面地探讨了新闻侵权民事责任的归责原则、构成要件、责任承担与免除等基本理论问题。在分析理论界不同观点和意见分歧的基础上,阐述了作者自己的观点,认为新闻侵权民事责任适用过错责任归责原则,其构成要件仍符合传统侵权行为法意义上的四要件说,但在表现形式上有其特殊之处。对新闻媒体和新闻从业人员作为新闻侵权民事责任的承担主体以及精神慰抚性方式、损害赔偿形式的责任承担方式作出了详尽的论述。全文着重阐释了新闻侵权民事责任不同于一般侵权民事责任的特殊之处,进而从实践层面对我国新闻侵权民事责任制度的理论研究与司法现状展开评述,并吸收、借鉴国外先进的研究成果与实践经验,结合我国国情,提出了完善新闻侵权民事责任制度的一些粗浅看法和建议。
With the development of the modernized-construction undertakings in our nation, the undertakings of news in our nation have developed rapidly. The extensive intervention of news to the modern life leads to a large number phenomena of news infringement. When rights are infringed, it is necessary to adopt rights-relief systems. So the liability for news infringement has increasingly become the hot point problem in theory and practice. This essay will deal with this question. After the analysis on the characteristics and the types of news infringement, the author has researched the basic theories and practices of liability for news infringement system and presented her own views. It is hoped that by learning from the foreign countries’mature experience in legal constructions and legal theories, considering the practices on news infringement in our nation, our nation’s liability for news infringement system can soon attain its perfection and completion. This essay will be divided into four chapters: Chapter One Character and Type of News Infringement. As to news infringement’s definition, there exist different opinions in the academic fields. Through comparison and analysis, this opinion is presented: Medium and natural persons infringe the personal rights of corporation and natural person with news’works in the activities of the news communications. The author has summarized the characteristics of news infringement from four aspects: Subject of news infringement has the characteristics of complexity and specialization; Object of news infringement particularly means the personal rights of corporation and natural person; The contents and methods of news infringement have its particularity; The consequences of news infringement are serious. As to the types of news infringement, the author has adopted three different standards: According to whether the plaintiff of news infringement is public person and whether the content of news infringement is concerned with public interest, it is divided into: the plaintiff is public person and the content is concerned with public interest; the plaintiff isn’t public person and the content is concerned with public interest; the plaintiff is public person and the content isn’t concerned with public interest; the plaintiff isn’t public person and the content isn’t concerned with public interest. Inside, the author has emphasized the definition of public person. According the infringer, it is divided into news infringement purposely and news infringement faultily. In order to strengthen the purpose of the types, the author has explained the means of different types directly. Chapter Two Criterion and Constitution of Liability for News Infringement. As to criterion of liability for news infringement, the author has thought principle of fault liability should be adopted in liability for news infringement. The estimated principle of fault liability adopted in news infringement is special principle of fault liability. As to its constitution, the author has thought that the different positions of freedom of news in public law and private law have demanded the constitution is complex necessarily. The constitution still accords with the theories of the traditional civil law, but it has its own specialty: The works of news has already published. The works of news has infringed someone’s personal rights. The works of news has pointed out specially. The person has faults. Chapter Three Assumption and Exemption of Liability for News Infringement. As to its assumption, the author has explained the subject of assumption and the methods of assumption. Through comparison and analysis of the subject of assumption in different countries, the author has thought that medium and writers are the subjects of assumption. The methods of assumption include spirit comfort, compensations of spirit damages, compensations of property damages. Inside, the author has explained the corrigenda and reply point by point, which are often adopted by spirit comfort. As to the compensations of spirit damages, the autho
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