论舆论监督频繁引发恶意诉讼之原因及对策

The Reason and Countermeasure of Evil Intention Lawsuit by the Frequent Supervision of Public Opinion

恶意诉讼是一种新型的侵权行为,舆论监督中已频繁发生,究其原因,众多且复杂。要有效防范和遏制舆论监督中的恶意诉讼,既需完善现行相关的法律制度,合理分配新闻侵权诉讼中的举证责任,也需重视对恶意诉讼的刑事规制,提升新闻媒体及其从业人员防范和应对恶意诉讼的意识和能力。

The malicious lawsuit is one kind of new abuse of authority, in the supervision of public opinion, it has frequently occurred. Investigating its reasons, they are multitudinous and complex. To effectively guard against and contain the malicious lawsuit in the supervision of public opinion, the present correlation legal system must be consummated, the responsibility of put- ting to proof in news infringement lawsuit must be distributed rationally, the malicious lawsuit criminal rules must also be taken seriously, to promote the consciousness and ability of the news media and its jobholders guarding and meeting macicious lawsuit.