Construction and Improvement of Right to Rely in China under Digital Media Era
The development of digital media technology has brought new threats to the rights and interests of citizens.As a necessary legal supporting measure for the public to defend their rights in response to reports of infringement,from the perspective of comparative law,the right to reply shows an expanding trend following the change of media form.In contrast,the right to reply in China stays in the era of paper media and is almost virtual as a"zombie clause",resulting in the absence of legal self-rescue measures for the people reported.In the age of digital media,it is necessary to improve the right to reply in our country so as to exert its institutional functions.China's Civil Code offers an opportunity to introduce the right to reply.According to the right characteristics and functional value of the right to reply,it is more appropriate to position it as the right of personality claim rather than the right of tort claim in the Civil Code,with Articles 1028 and 995 of the Civil Code as the institutional basis.On this basis,we should make a more detailed arrangement of the right structure of the right to reply.
digital mediaright to replyfreedom of newscivil codethe right of personality
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维普
