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记者拒证权肇始于西方欧美国家,是新闻记者拒绝作证提供消息来源的权利,迄今已有百余年历史,一些国家已在不同法律层面确立了该项权利。总体来看,记者拒证权的诉讼案件处于二律背反逆向损益之中,在司法实践中面临着举步不前的若干困境。在新媒体环境下,记者、公权力与公众之间的关系结构正在发生深刻变化,记者拒证权既有的价值模式出现转向,从而为其走出困境打开了一个突破口。了解和探讨国外记者拒证权的内在理据、制度设计和司法实践,对于我国媒介法制建设不无拓展眼界的参考价值,并进一步丰富我国记者职业权利及媒介法治化的学理视野和研究议题。
The right of the reporter to protest originated in the Western countries and the United States of America and is the right of journalists to refuse to give evidence to provide a source of information. So far, it has a history of over one hundred years. Some countries have already established this right at different levels of law. Overall, the lawsuit cases in which the reporter is deploring the right of evidence are in the opposite direction. These judicial dilemmas are faced with some dilemmas that have not taken a forward step in judicial practice. Under the new media environment, the structure of the relationship between journalists, public power and the public is undergoing profound changes. The existing value model of journalists’ right to testify has turned into a breakthrough in opening up the dilemma. Understanding and discussing the internal reasoning, system design and judicial practice of foreign journalists’ right to testify is of reference value for our country’s media legal system to broaden the horizons and further enriching the academic rights and research topics of the professional rights of journalists and the legalization of the media.