新闻名誉侵权证明责任分配制度研究.pdfVIP

Abstract In the past thirty years, the cases of news reputation tort have frequently occurred, the most are put into lawsuit, to request the court making impartial judgment . But Chinas relevant laws and regulations are not perfect, resulting in random phenomena of the burden of proof in the litigation process. According to the theory of burden of proof and the relevant provisions of the law, the onus of proof shall be borne by the plaintiff, but the court in the judicial practice often inverted the burden of proof by who reported, who proof, based on news organization with a real review of obligations .then in the end how distribution of the burden of proof, has become a worth exploring topic. With the attitude of seeking truth from facts, this paper comprehensive use of historical analysis, system analysis and comparative analysis method, in our country on the existing research results, combining with the relevant laws and regulations abroad, comprehensive analysis of what is news infringement of reputation, the different attitude of news reputation infringement in the domestic processing, and then try to build the news reputation infringement lawsuit proof the responsibility of the distribution system. This paper is divided into five parts to elaborate news reputation infringement of the distribution of burden of proof problem: The first part of the introduction section, the author from the development history of news reputation infringement cases and discusses the practical problems lead to the necessity, from the perspective of theory, legislation, judicial, lead to the main topic discussed in this paper.