近年来不断出现的一些新闻侵权案,既反映了中国人民法律意识的进步,也使新闻工作者疲于应付,头痛不已。其实新闻侵权也是美国司法界、新闻界经常遇到的问题,他们对过失的认定带有极强的行业特色,这一点可能正是我们所缺少的。下面对美国新闻过失的认定作一介绍,以期对新闻界和司法界的同行能提供一点参考。 过失,包括疏忽和懈怠。行为人对自己行为的结果,应当预见或者能够预见而没有预见,为疏忽;行为人对自己行为的结果虽然预见了却轻信可以避免,是懈怠。疏忽和懈怠都是过失,都是对受害人应负注意义务的违反。因此,民法上的过失就是行为人对受害人应负注意义务的疏忽或懈怠。新闻报道是一项传播活动,带有很强的职业性,对消息的来源的 Some news infringement cases that continue to emerge in recent years have not only reflected the progress of Chinese people’s legal awareness, but also made journalists work hard to deal with them with headaches. In fact, news infringement is also a common problem encountered by the judiciary and the press in the United States. It is precisely what we lack in recognition of negligence with extremely strong industry characteristics. The following is an introduction to the identification of news mistakes in the United States, with a view to providing some reference to the press and judicial colleagues. Negligence, including negligence and slackness. Behaviors of the results of their own behavior, should be expected or predictable but not foreseeable, as a negligence; behavior of their own behavior, although the results are predictable, but credulity can be avoided, is slack. Negligence and slackness are all negligence, both of which are violations of the obligation of the victim. Therefore, the negligence of civil law is the negligence or slackness of the perpetrator on the victim’s duty of care. News coverage is a communication activity with a strong career, source of information