媒体舆论监督与侵犯名誉权边界问题研究
发布时间：2019-05-29 01:45
【摘要】：现代生活中新闻媒体对于社会各方面的影响日益加重。人们获取新闻信息越来越迅速,世界各个角落瞬间发生的事件,也许没过几秒就会成为新闻头条,成为人们讨论的焦点,正是由于媒体的这一特性使其成为了监督社会不良现象最有效的武器之一。尽管媒体舆论监督的作用极其重要,但这并不意味着此种权利是不受任何限制的,媒体权利的不当使用很容易会给被报道者造成伤害。如何利用好这一把“双刃剑”,使其充分发挥舆论监督职能的同时又能避免侵害公民的权利,特别是避免公民被新闻媒体肆意报道而失去个人名誉的现象发生是急切需要解决的问题。近年来因新闻报道而引发的诉讼在数量上呈现不断增加的趋势,特别是关于名誉权的案件。媒体舆论监督和个人名誉权的冲突问题已成为了新闻界、法学界研究的重点领域。我国的法律体系中对于侵犯名誉权的行为规定的比较完善,而与此对比,在新闻领域,相关的法律法规却很少,由于法律的缺位,导致对现实中的舆论监督与名誉权冲突没有形成有效的规制。针对媒体舆论监督和名誉权之间的理论冲突,以及司法实践中存在的些矛盾,笔者在借鉴前人研究的基础上,提出了自己的一些思考。在文章的第一部分介绍了媒体舆论监督与名誉权的基本法理以及保护该两种权利之意义；第二部分阐述了媒体舆论监督与侵犯名誉权之间发生冲突的原因,首先在于其具有不同权利“价值”,解决的关键在于两种权利的权衡；其次是因为我国相关法律规定保障环节薄弱所致。同时指出现阶段我国在面临媒体舆论监督侵犯名誉权冲突时,应采用“利益平衡理论”,使得舆论监督的力量发挥到最大化,同时对于个体名誉权的影响最小,要做到这一点,实践中要设置有效的取舍机制,将两者纳入到整个社会纬度中来；第三部分笔者对正当舆论监督与侵犯名誉权的边界进行了详细的探讨,并提出了相应的判断原则：第一,媒体舆论监督侵犯名誉权的表现形式；第二,因果关系的判断标准；第三,媒体主观过错的认定；第四,媒体的抗辩事由。上述四个方面是权衡两种权利冲突的最基本的也是最重要的问题。与此同时,在新闻五要素里面新闻真实是最重要的要素,在媒体侵害名誉权案件中新闻失真也是最重要的侵权行为,所以笔者重点分析了新闻报道的失真以及如何区分客观真实、法律真实以及新闻真实等问题。
[Abstract]:In modern life, the influence of news media on all aspects of society is becoming more and more serious. People get news information more and more quickly, and the instantaneous events in every corner of the world may become headlines and the focus of discussion in a few seconds. It is precisely because of this characteristic of the media that it has become one of the most effective weapons to monitor bad social phenomena. Although the role of media supervision by public opinion is extremely important, this does not mean that this right is unrestricted, and the improper use of media rights can easily cause harm to the reported. How to make good use of this "double-edged sword" so that it can give full play to the supervision function of public opinion and avoid infringing on the rights of citizens at the same time. In particular, it is an urgent problem to avoid the loss of personal reputation caused by the wanton coverage of citizens by the news media. In recent years, the number of litigation caused by news reports has shown an increasing trend, especially on the right of reputation. The conflict between the supervision of media public opinion and the right of personal reputation has become the focus of media and legal research. In the legal system of our country, the provisions on the infringement of the right of reputation are relatively perfect, but in contrast, in the field of news, there are few relevant laws and regulations, because of the absence of the law. As a result, there is no effective regulation between the supervision of public opinion and the conflict of reputation rights in reality. In view of the theoretical conflict between the supervision of media public opinion and the right of reputation, as well as some contradictions in judicial practice, the author puts forward some thoughts on the basis of previous studies. In the first part of the article, it introduces the basic legal principle of media supervision by public opinion and the right of reputation and the significance of protecting these two rights. The second part expounds the reasons for the conflict between the supervision of media public opinion and the infringement of reputation rights, first of all, it has different rights "value", and the key to solve the problem lies in the trade-off between the two rights. Secondly, it is due to the weak guarantee link of the relevant legal provisions of our country. At the same time, it is pointed out that at present, when our country is faced with the conflict of media public opinion supervision infringing reputation rights, we should adopt the theory of "balance of interests" to maximize the power of public opinion supervision, and at the same time have the least influence on individual reputation rights. In practice, we should set up an effective trade-off mechanism and bring them into the latitude of the whole society. In the third part, the author probes into the boundary between legitimate public opinion supervision and infringement of reputation right in detail, and puts forward the corresponding judgment principles: first, the manifestation form of media public opinion supervision infringing reputation right; second, the judgment standard of causality; Third, the identification of subjective fault of the media; fourth, the reasons for the defense of the media. The above four aspects are the most basic and important issues to weigh the conflict of rights between the two kinds of rights. At the same time, news truth is the most important element in the five elements of news, and news distortion is also the most important tort in the case of media infringement of reputation rights. Therefore, the author focuses on the distortion of news reports and how to distinguish objective truth, legal truth and news truth and so on.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2487537
[Abstract]:In modern life, the influence of news media on all aspects of society is becoming more and more serious. People get news information more and more quickly, and the instantaneous events in every corner of the world may become headlines and the focus of discussion in a few seconds. It is precisely because of this characteristic of the media that it has become one of the most effective weapons to monitor bad social phenomena. Although the role of media supervision by public opinion is extremely important, this does not mean that this right is unrestricted, and the improper use of media rights can easily cause harm to the reported. How to make good use of this "double-edged sword" so that it can give full play to the supervision function of public opinion and avoid infringing on the rights of citizens at the same time. In particular, it is an urgent problem to avoid the loss of personal reputation caused by the wanton coverage of citizens by the news media. In recent years, the number of litigation caused by news reports has shown an increasing trend, especially on the right of reputation. The conflict between the supervision of media public opinion and the right of personal reputation has become the focus of media and legal research. In the legal system of our country, the provisions on the infringement of the right of reputation are relatively perfect, but in contrast, in the field of news, there are few relevant laws and regulations, because of the absence of the law. As a result, there is no effective regulation between the supervision of public opinion and the conflict of reputation rights in reality. In view of the theoretical conflict between the supervision of media public opinion and the right of reputation, as well as some contradictions in judicial practice, the author puts forward some thoughts on the basis of previous studies. In the first part of the article, it introduces the basic legal principle of media supervision by public opinion and the right of reputation and the significance of protecting these two rights. The second part expounds the reasons for the conflict between the supervision of media public opinion and the infringement of reputation rights, first of all, it has different rights "value", and the key to solve the problem lies in the trade-off between the two rights. Secondly, it is due to the weak guarantee link of the relevant legal provisions of our country. At the same time, it is pointed out that at present, when our country is faced with the conflict of media public opinion supervision infringing reputation rights, we should adopt the theory of "balance of interests" to maximize the power of public opinion supervision, and at the same time have the least influence on individual reputation rights. In practice, we should set up an effective trade-off mechanism and bring them into the latitude of the whole society. In the third part, the author probes into the boundary between legitimate public opinion supervision and infringement of reputation right in detail, and puts forward the corresponding judgment principles: first, the manifestation form of media public opinion supervision infringing reputation right; second, the judgment standard of causality; Third, the identification of subjective fault of the media; fourth, the reasons for the defense of the media. The above four aspects are the most basic and important issues to weigh the conflict of rights between the two kinds of rights. At the same time, news truth is the most important element in the five elements of news, and news distortion is also the most important tort in the case of media infringement of reputation rights. Therefore, the author focuses on the distortion of news reports and how to distinguish objective truth, legal truth and news truth and so on.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关期刊论文 前4条
1 杨立新;;媒体侵权和媒体权利保护的司法界限研究:由《媒体侵权责任案件法律适用指引》的制定探讨私域软规范的概念和司法实践功能[J];法律适用;2014年09期
2 宋淑红;;浅谈新闻媒体在当今社会的舆论监督作用[J];经营管理者;2014年26期
3 陈长明;宋乾修;;侵权责任法中的因果关系简析[J];湖南冶金职业技术学院学报;2009年04期
4 杨立新;;论中国新闻侵权抗辩及体系与具体规则[J];河南省政法管理干部学院学报;2008年05期
相关博士学位论文 前1条
1 杨杉;新闻侵权责任研究[D];吉林大学;2013年
相关硕士学位论文 前7条
1 宋策;论新闻监督权与公民名誉权的冲突与平衡[D];暨南大学;2011年
2 于红;论舆论监督与新闻侵害名誉权的法律问题[D];山东大学;2006年
3 赵楠楠;大众传媒个人名誉权侵害研究[D];吉林大学;2010年
4 陈忠效;媒体侵犯名誉权的构成[D];华东政法大学;2012年
5 刘叶郁;网络时代加强新闻舆论监督对策研究[D];广西师范学院;2013年
6 杜思宜;我国媒体舆论监督存在的问题与对策研究[D];东北师范大学;2013年
7 王夏薇;新闻侵权的抗辩事由研究[D];苏州大学;2014年
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