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随着新闻监督的触角越来越多地介入社会生活,新闻媒体的监督功能已引起广泛重视;另一方面学术界对其宽容度越来越趋于保守,限制和约束的理论在现阶段占着上风。诚然,新闻监督权需要被约束。但目前的“限制”论过多责难新闻监督带来的一些负面效果.很少立足于新闻监督权自身的地位研究其规范操作。虽然许多人呼吁《新闻法》出台,使新闻监督权的内容得到明确的规定,但是法学界迄今还是在民事领域评价新闻监督权。这使得新闻自由只能在私权的夹缝中求生存。以往三部《新闻法》草案也带有较强的“管理”色彩,这样的立法背景下催生的《新闻法》恐怕也是以“限制”为基调.甚至牺牲新闻自由的前期成果。所以,笔者尝试转换一个研究角度:从公权力的法理性质讨论新闻监督权自身的法律地位.以此来考察它与国家行政权、司法权及公民个人权利的冲突以及协调。
With the increasing involvement of news supervision in social life, the supervision function of news media has drawn more and more attention. On the other hand, the academic circles tend to be more conservative, restrictive and restrictive in their tolerance. At present, The upper hand. True, news oversight needs to be restrained. However, the current “restriction” theory blames some negative effects brought by the news supervision, and seldom studies its normative operation based on its own status. Although many people are calling for the promulgation of the “Press Law” and the content of the news supervisory authority to be clearly stipulated, the legal profession has so far evaluated the news supervisory authority in the civil field. This makes freedom of the press only survive in the cracks between private rights. In the past, the three “Press Laws” draft also had a strong “management” color, and the “press law” that was born under this legislative background was probably based on “restrictions.” It even sacrificed the previous results of press freedom. Therefore, the author attempts to change a research perspective: to discuss the legal status of the news supervisory authority from the legal nature of the public power, in order to examine the conflict and coordination between it and the national executive power, judicial power and citizen’s individual rights.