KHO THƯ VIỆN 🔎

Challenges and Distinctiveness of Media Tort in China An Empirical Study of 800 Cases

➤  Gửi thông báo lỗi    ⚠️ Báo cáo tài liệu vi phạm

Loại tài liệu:     WORD
Số trang:         55 Trang
Tài liệu:           ✅  ĐÃ ĐƯỢC PHÊ DUYỆT
 













Nội 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 Cases

nter of Yale University and China Youth University for Political Science.2Wee Kim Wee School of Communication and Information. Nanyang Technological U

Challenges 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 To

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 Casesates from ordinary (non-media) tort and how Chinese media professionals view on relevant problems, this research also collected 100 ordinary defamatio

n 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 Cases

ase materials and questionnaire responses indicate that although media tort seems to remain a steady trend in absolute case number, various pressing c

Challenges 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 in

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 Casesstands out as a particular category' in regard to litigation defendants, infringement behaviors, defenses, remedies, and so forth, which have generate

d 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 Cases

make more progressive efforts to address these problems in present-day China.Keywords: media tort, defamation, privacy, right to portraiture, infringe

Challenges 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 res

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 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 Cases

gal instrument to protect personality rights from illegal attacks in the aftermath of Chinese Culture Revolution, its existing significance, especiall

Challenges 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 i

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 Casesf personality values among the populace in China.This prevailing interest in Chinese media tort demonstrates itself in both academic research and legi

slative 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 Cases

ter the 10-year Culture Revolution to date 4 5 - have witnessed a significant growing volume of media tort studies and publications in China. Take Zho

Challenges 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 da

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 Casesling several keywords of the equivalent meaning to media tort, e.g. Meiti Qinquan (Media Ton), Meijie Qinquan (Media Tort), chuanmei Qinquan (Media To

rt), 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 Cases

ding 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 stipu

Challenges 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, priv

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 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 Ch

ina 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 Cases

and opening-up Policy.Gh^llen&es and Distinctiveness

Challenges 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 re

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 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 Cases

l interpretative documents:•General Principles of (he Civil Law of (he People’s Republic of China (1987], thereafter the General Principles,•Opinions

Challenges 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 Chi

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 Casesof Reputation (1993], thereafter the 1993 Explanation.•Interpretation of the Supreme People's Court on the Trial of the Case Concerning the Right of R

eputation [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 Cases

Suffering Caused by Tortuous Act [2001], thereafter the 2001 interpretation, and•Tort Liability Law of the People’s Republic of China [2010], thereaft

Challenges 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 exis

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 Cases variety of personality rights, and also clarified infringement elements, litigation procedures, as well as both monetary and non-monetary remedies fo

r 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 Cases

f 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 in

Challenges 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 recogni

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 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 stipu

lated 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 Cases

ce in the protection of relevant conflicting rights. On one side, leading scholars who were opposed to recognize media tort as a particular problem ar

Challenges 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 hel

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 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 Cases

y emphasizes the importance of law instead of piecedent judgments, some pioneering judges still made attempts to trial new principles like fall commen

Challenges 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 2

Gọi ngay
Chat zalo
Facebook