网络时代广播组织权与公共利益的冲突及平衡策略
发布时间：2018-08-16 14:20
【摘要】：西方国家创立广播组织权的初衷,是促使广播组织利益与社会公共利益达到协调一致。但随着数字网络技术的更新迭代,广播组织权的内涵不断拓展,导致两者利益不可避免地发生一些冲突。如何平衡广播组织利益与社会公共利益之间的关系,既保护广播组织的专有权不受损害,又保障公民能够依法获取和使用广电节目,是立法机构完善广播组织权必须面对的现实问题。本文在分析广播组织权与公共利益缘何会发生冲突的基础上,提出建立广播组织权与公共利益平衡的互动机制和实现机制,并从公民言论自由、获取信息自由、自我实现需要三个方面,探讨广播组织权与公共利益达到平衡的策略。
[Abstract]:The original intention of the establishment of broadcasting organization right in western countries is to promote the harmony between broadcasting organization interests and social public interests. However, with the renewal and iteration of digital network technology, the connotation of broadcasting organization rights is constantly expanded, which leads to some inevitable conflicts between the two interests. How to balance the relationship between the interests of broadcasting organizations and the public interests of society, not only to protect the exclusive rights of broadcasting organizations from being harmed, but also to ensure that citizens can obtain and use radio and television programs according to law, It is the realistic problem that the legislature must face to perfect the right of broadcasting organization. Based on the analysis of the conflict between the right of broadcasting organization and the public interest, this paper proposes to establish the interactive mechanism and realization mechanism of the balance between the right of broadcasting organization and the public interest, and to obtain the freedom of information from citizens' freedom of speech. Self-realization needs three aspects to discuss the strategy of balance between broadcasting organization right and public interest.
【作者单位】： 河北经贸大学人文学院;《河北经贸大学学报》;
【基金】：国家社科基金项目“三网融合背景下广播组织邻接权保护及管理机制比较研究”阶段性成果,编号:12BXW026
【分类号】：D923.41
，
本文编号：2186238
[Abstract]:The original intention of the establishment of broadcasting organization right in western countries is to promote the harmony between broadcasting organization interests and social public interests. However, with the renewal and iteration of digital network technology, the connotation of broadcasting organization rights is constantly expanded, which leads to some inevitable conflicts between the two interests. How to balance the relationship between the interests of broadcasting organizations and the public interests of society, not only to protect the exclusive rights of broadcasting organizations from being harmed, but also to ensure that citizens can obtain and use radio and television programs according to law, It is the realistic problem that the legislature must face to perfect the right of broadcasting organization. Based on the analysis of the conflict between the right of broadcasting organization and the public interest, this paper proposes to establish the interactive mechanism and realization mechanism of the balance between the right of broadcasting organization and the public interest, and to obtain the freedom of information from citizens' freedom of speech. Self-realization needs three aspects to discuss the strategy of balance between broadcasting organization right and public interest.
【作者单位】： 河北经贸大学人文学院;《河北经贸大学学报》;
【基金】：国家社科基金项目“三网融合背景下广播组织邻接权保护及管理机制比较研究”阶段性成果,编号:12BXW026
【分类号】：D923.41
，
本文编号：2186238
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