论舆论监督与新闻侵害名誉权的法律问题-民商法学专业论文.docxVIP

山东大学硕士学位论文two 山东大学硕士学位论文 two sides in the actual background of society and inclination of macrovalue,and take balancing 4|oc缸inc of hdcn溶b to choose corresponding rights when confronting with the conflict betw啪right of honour and supervision by public opinion．In the three part。the article explains at some length the line that correctly mst．m昏Iishs between the sotuld supervision by public opinion and media Infringing rights of honour；and poim out three factors that s11叫1d pay attention to：Firstly。scientically understanding the representation of media inf嘲ng right of honouf is the basis to correctly di幽gIlish betwecn the sound supervision by public opinion and medla infringiIlg right ofhonour；Secondly,closly confing the constitutive requirements of m“]ia infringing right of honour is the key to correctly distingIlish betwecn the sound supervision by public opinion and media infringing right of honour；Finally，explicitly providing the grounds ofopposition for the media is the guarantee to correctly distmgmsh between the sound supervision by public opinion andmedia infringing right of honour．The paper still Mvances a series of consideration from somo factors,such as legislation，adminisl趔tion,procedure，and so on for the government by law of supervision by media：to accelerate to draw up law ofpress and relevant laws establishs a sort of affective mechanism of legislative protection；According to civil code 01judical interpretation of supreme peoples court,we should improve the legal provisions他lated tO rightOf honour；To reinforce construction of proe回ure lays a funcation for realizing appropriation of supervision by public opinions；To蛐lgthen the administration of law 删d髓protection for“arging the extent of supervision by public opinions；To hedge undueclose contactionbelween judical act and sl辨Fvion by public opinions builds good mutual relation bctwe一-n supervision by public opinion and independence ofjudicature．The writer hopes this article should provide beneficial use