Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
Challenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 CasesChina:An Empirical Study of 800 Cases’Zhu Li* and Yang Huizhen* 2 3AbstractThis research examines a variety of challenges and distinctiveness of media tort in China'• This study is one of the main deliverables of the Cooperative Project on China's Selected Media Tort Cases, sponsored by China Law Ce Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesnter of Yale University and China Youth University for Political Science.2Wee Kim Wee School of Communication and Information. Nanyang Technological UChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
niversity. Singapore. Corresponding author. Email: ZHULOOOfx^e.ntu.edu.sg3Beijing Wentian Law Firm. China.CItf.llenses and Distinctiveness QÍ Media ToChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesates from ordinary (non-media) tort and how Chinese media professionals view on relevant problems, this research also collected 100 ordinary defamation cases for comparison and distributed 100 questionnaires among media professionals in Beijing to achieve these research objectives. Analyses of the c Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesase materials and questionnaire responses indicate that although media tort seems to remain a steady trend in absolute case number, various pressing cChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
hallenges still exist in terms of the time to close a media tort lawsuit, the amount of compensation ordered by courts, the number of co-defendants inChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesstands out as a particular category' in regard to litigation defendants, infringement behaviors, defenses, remedies, and so forth, which have generated a great deal of inconsistencies and confusions in judicial practice. Chinese legislators need to recognize such challenges and distinctiveness, and Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesmake more progressive efforts to address these problems in present-day China.Keywords: media tort, defamation, privacy, right to portraiture, infringeChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
ment, defenses, remedies.IntroductionAlong years of heated discussion over media regulation in present-day China, mediatort, being defined in this resChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases________2reputation, privacy, and portraiture by mass media organizations or individuals via a variety of mass communication platforms / has captured the greatest attention not only from general academia but also regulatory authorities all over the country. Though originally designed as a typical le Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesgal instrument to protect personality rights from illegal attacks in the aftermath of Chinese Culture Revolution, its existing significance, especiallChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
y within the unique Chinese media system and culture background, has largely exceeded pure civil law boundaries, carrying more profound social legal iChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesf personality values among the populace in China.This prevailing interest in Chinese media tort demonstrates itself in both academic research and legislative trends explicitly. On one hand, academically speaking, the past three decades - from early 1980s when Chinese media regulation was restored af Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casester the 10-year Culture Revolution to date 4 5 - have witnessed a significant growing volume of media tort studies and publications in China. Take ZhoChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
ngguo Zhiwang (China National Knowledge Infrastructure, CNKI) for example, which is widely acknowledged as the most authoritative and comprehensive daChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesling several keywords of the equivalent meaning to media tort, e.g. Meiti Qinquan (Media Ton), Meijie Qinquan (Media Tort), chuanmei Qinquan (Media Tort), and Xinwen Qinquan (Journalism Tort). Similarly, with the same set of keywords, more than 200 academic publications can be4Yang Lixin was the lea Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesding civil law scholar who proposed the academic draft version of the Tort Liability Law of People's Republic of China, in which he suggested to stipuChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
late a specific section called Meili Qinquan (media ton) In law, though infringement In his definition is not constiained to right to reputation, privChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesof media tort in China, with a great deal of lawsuits being brought to court every year.5Many scholars believe that present-day media regulation in China was officially initiated from early 1980s. when tire country was transitioning from the devastating aftennath of Culture Revolution to the Refoim Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesand opening-up Policy.Gh^llen&es and DistinctivenessChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
i Tushuguan (Chinese National Digital Library), the largest repository' of nationwide publications. Media tort has also been highlighted as a major reChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases011) respectively. On the other hand, legislatively speaking, arguments and debates have never faded out amidst media tort legislative progression in China. At the time of writing, Chinese media tort disputes are mainly regulated by the following legislations and the Supreme People’s Court’s judicia Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesl interpretative documents:•General Principles of (he Civil Law of (he People’s Republic of China (1987], thereafter the General Principles,•OpinionsChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
of (he Supreme People's Court on Several Issues concerning (he Implementation of the Great Principles of the Civil Law of the People's Republic of ChiChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesof Reputation (1993], thereafter the 1993 Explanation.•Interpretation of the Supreme People's Court on the Trial of the Case Concerning the Right of Reputation [1998], thereafter the 1998 Interpretation,•interpretation of the Supreme People 5 Court on Some issues of Determining Liability for Menial Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 CasesSuffering Caused by Tortuous Act [2001], thereafter the 2001 interpretation, and•Tort Liability Law of the People’s Republic of China [2010], thereaftChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
er the TortLiability Law.https://khothuvien.cori!Challenges and Distinctiveness QÍ Media Ton in China; An Empirical Study ọf KQQ_(~asg5______2The exisChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases variety of personality rights, and also clarified infringement elements, litigation procedures, as well as both monetary and non-monetary remedies for economic loss and mental suffering of the grieved party. Many media law scholars and professionals, however, believe that these legislations, most o Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesf which were enacted more than 10 years ago, can no longer keep pace with the fastdeveloping media industry in China. The current law also fails to inChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
corporate a number of important legal principles, such as fair comment, public figure, media’s qualified privileges, etc., that have been well recogniChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases Chinese media tort even amounted to a nationwide debate on whether media tort really distinguishes from other ordinary tort and if it should be stipulated as a special chapter in the Tort Liability Law of the People's Republic of Chino that was being enacted at the time so to achieve a better balan Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesce in the protection of relevant conflicting rights. On one side, leading scholars who were opposed to recognize media tort as a particular problem arChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
gued that such legislative approach is not in line with both civil law and common law traditions , whereas the dominant opinions on the other side helChallenges and Distinctiveness of Media Ton in China: An Empiric.ll Study of 800 Cases______________LChallenges and Distinctiveness of Media Tort in C Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesms that are yet to be further clarified by legislation .Despite the interest and attention, however, very few empirical studies have been conducted to provide more concrete and persuasive answers on these questions. Even among 4 Although Chinese legal system follows civil law tradition which normall Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Casesy emphasizes the importance of law instead of piecedent judgments, some pioneering judges still made attempts to trial new principles like fall commenChallenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases
t and public figure befoie they aie officially stipulated in Law. For example, in Fan Zhlyl vs. Oriental Sports Daily, a defamation lawsuit ruled in 2Gọi ngay
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