媒体违规行为的“规制阙如”辨析——以李某某轮奸案为例

Analysis on the Absence of Regulations in Light of the Report of Li Moumou's Gang Rape Case

李某某轮奸案信息传播过程中出现了媒体狂欢,许多信息明显侵犯了当事人的隐私权等,但违规媒体当时并未受到处罚,一些人认为我国内地缺乏具体处罚措施。本文通过理论分析、法律法规阐释等,论证我国已经基本完善了相应的规制机制,不存在"规制阙如"情形,而且相关部门已经依照规定开展执法,对违规披露他人隐私权的媒体进行了必要的处罚。

A carnival of media greeted the pubUcation of Li Moumou's gang rape case.Many reports had obviously violated the privacy of the parties,but nobody was penalized.It was thus postulated by some people that the mainland of China was in absence of specified penalty regulations.Through theoretical analysis and explanation of laws and regulations,this paper contends that China has basically finalized its legislation and regulation systems.The belief in so-called absence of regulations is groundless.Furthermore,enforcement has been carried out in accordance with the provisions of laws to penalize those who had violated the privacy of others.