记者拒证权蕴含着客观真实与法律真实的矛盾,新闻伦理、私法上的民事实体责任与公民意识、公法上的程序义务的矛盾,以及表达自由与司法公正之间的冲突,因此,其只能是相对性权利。记者拒证权在两大法系的适用有共同的原则,即“压倒性公共利益的要求”的原则,在此前提下,该权利在民事诉讼中得到了基本认同,但在刑事诉讼中受到限制,而主要限制方法是规定适用客体、不适用该权利的犯罪类型及具体情形。 Journalists’ right of refusing evidence contains the contradiction between objective reality and legal reality. The conflict between news ethics, civil substantive responsibility on private law and civic awareness, procedural obligations in public law, and the conflict between freedom of expression and judicial fairness, therefore, Can be relative rights. The principle of the right of witness to testify in the two major legal systems has the common principle that “the claim of overwhelming public interest” is based on the premise that the right has been basically approved in civil lawsuits. However, in criminal proceedings Subject to restrictions, and the main limitation is to specify the type of offense to which the object is applicable and to which the right does not apply.