一、根据权威机关的材料写成文章。经查内容不实。作者和新闻媒介应否承担侵权责任。我们认为:此问题的解决,取决于作者和新闻媒介有否过错。过错是侵权必备的构成要件,包括故意和过失。故意在新闻侵权诉讼中出现较少,出现后一般也较容易处理。关于过失的认定,目前各方面有着较大争议。一种意见认为作者和新闻媒介应当保证文章内容真实,没有侮辱他人人格的内容,如果实际上未能做到这一点,即应推定其有过失。我们认为这种观点值得商榷。过失的认定有一个前提,即行为人应当预见到自身行为的违法性质,但因疏忽大意和过于自信没有预见到。离开应当预见到这个前提,过错责任实际上变成了无过失责任,当事人只要有侵害行为即要承担责任,这与现行法律的规定明显相悖。国家机关(企事业单位、社会团体和其他组织亦然)就其职责范围内的问题所出具的正式书面材料,具有确信性。根据权威机关的材料写成的文章,经查内容不实,作者和新闻媒介不负审查核实之责。国家机关的设立遵循分工负责的原则,一定职权范围内的国家机关是处理某项事务的唯一法定机关,其他机关和个人,包括新闻媒介、作者,无权对其处理的事项进行审查。如法院判决 First, according to the authority of the material written articles. The contents of false investigation. Whether authors and the media should bear tort liability. We think that the solution to this problem depends on whether the author and the media have any fault. Fault is a necessary component of infringement, including intentional and fault. Deliberately appear in the infringement lawsuit less often appear easier to deal with. On the identification of negligence, at present there is much controversy in all aspects. One opinion holds that the author and the media should ensure that the content of the article is true and that there is no content that insults the personality of others. If this can not actually be done, it should be presumed to be faultless. We think this view is questionable. There is a premise on the determination of negligence, that the perpetrator should foresee the illegal nature of his behavior, but he did not foresee because of negligence and overconfidence. To leave this premise should be foreseen, the liability for fault has in fact become a faultless liability, the parties as long as there is infringement that is to assume responsibility, which is clearly contrary to the provisions of existing laws. The formal written materials issued by state organs (enterprises, public institutions, social organizations and other organizations) on the issues within their scope of responsibility are of certainty. According to the article written by the authority of the material, the contents of the investigation by the false, the author and the media are not negative review and verification responsibility. The establishment of a state organ follows the principle of division of labor and responsibility. A state organ within a certain scope of authority is the sole statutory organ that deals with a particular matter. Other organs and individuals, including the media and authors, are not authorized to examine matters they deal with. As the court ruled